EPA Settles Claims that Arizona Company Violated Clean Air Act in the Navajo Nation
PHOENIX—The U.S. Environmental Protection Agency (EPA) recently finalized a settlement with Fann Contracting, Inc., underscoring the crucial importance of compliance with the Clean Air Act. The company was found to be operating a portable hot mix asphalt plant on the Navajo Nation near Kayenta, Arizona, without a Tribal Minor New Source Review (NSR) permit to control air pollutants. As part of the settlement, the company will pay a civil penalty of $72,128.
For several months in 2021, Fann Contracting, Inc. operated its portable hot mix asphalt plant near the Kayenta Health Center within the Navajo Nation without a valid federal permit to control its air emissions in Indian country. When not controlled by an enforceable permit limit, the asphalt plant had the potential to emit carbon monoxide (CO) in a quantity of 250 tons, which exceeded air pollution limits under the NSR permitting program. Fann Contracting, Inc. only obtained the required permit on April 27, 2022.
“EPA stands ready to use our authority to ensure that Clean Air Act federal regulations are properly followed, and that residents of Arizona and the Navajo Nation are breathing healthy, safe air,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “Businesses must comply with permit programs under the law when operating in Indian country.”
The NSR permitting program, established as part of the 1977 Clean Air Act Amendments, plays a vital role in maintaining air quality. It is a preconstruction permitting program that ensures that air quality is not significantly degraded by the addition of new and modified sources such as factories, industrial boilers, and power plants. NSR is crucial in guaranteeing new emissions progress toward cleaner air in areas with unhealthy air. The NSR program assures people that any significant new or modified industrial source in their neighborhoods will be as clean as possible and that advances in pollution control occur concurrently with industrial expansion.
NSR permits are legal documents that the facility owners/operators must abide by. The permit specifies what construction is allowed, what emission limits must be met, and often how the emissions source must be operated.
The Tribal Minor NSR Program protects air quality in Indian country. To simplify the permit issuance process for similar facilities, this program has general permits and permits by rule for specific smaller sources of air pollution commonly found in Indian country. Persons operating hot mix asphalt plants subject to regulation under the Tribal Minor NSR Program can apply for a general air quality permit. Still, this general permit must be obtained before the construction and operation of the regulated source.
For more information on New Source Review permitting, visit EPA’s New Source Review (NSR) Permitting webpage.
For more information on Tribal News Source review, visit EPA’s Tribal Minor Source Review webpage.
For more information on reporting possible violations of environmental laws and regulations visit EPA’s enforcement reporting website.
Learn more about EPA’s Pacific Southwest Region x. Connect with us on Facebook, Instagram, and X.
For several months in 2021, Fann Contracting, Inc. operated its portable hot mix asphalt plant near the Kayenta Health Center within the Navajo Nation without a valid federal permit to control its air emissions in Indian country. When not controlled by an enforceable permit limit, the asphalt plant had the potential to emit carbon monoxide (CO) in a quantity of 250 tons, which exceeded air pollution limits under the NSR permitting program. Fann Contracting, Inc. only obtained the required permit on April 27, 2022.
“EPA stands ready to use our authority to ensure that Clean Air Act federal regulations are properly followed, and that residents of Arizona and the Navajo Nation are breathing healthy, safe air,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “Businesses must comply with permit programs under the law when operating in Indian country.”
The NSR permitting program, established as part of the 1977 Clean Air Act Amendments, plays a vital role in maintaining air quality. It is a preconstruction permitting program that ensures that air quality is not significantly degraded by the addition of new and modified sources such as factories, industrial boilers, and power plants. NSR is crucial in guaranteeing new emissions progress toward cleaner air in areas with unhealthy air. The NSR program assures people that any significant new or modified industrial source in their neighborhoods will be as clean as possible and that advances in pollution control occur concurrently with industrial expansion.
NSR permits are legal documents that the facility owners/operators must abide by. The permit specifies what construction is allowed, what emission limits must be met, and often how the emissions source must be operated.
The Tribal Minor NSR Program protects air quality in Indian country. To simplify the permit issuance process for similar facilities, this program has general permits and permits by rule for specific smaller sources of air pollution commonly found in Indian country. Persons operating hot mix asphalt plants subject to regulation under the Tribal Minor NSR Program can apply for a general air quality permit. Still, this general permit must be obtained before the construction and operation of the regulated source.
For more information on New Source Review permitting, visit EPA’s New Source Review (NSR) Permitting webpage.
For more information on Tribal News Source review, visit EPA’s Tribal Minor Source Review webpage.
For more information on reporting possible violations of environmental laws and regulations visit EPA’s enforcement reporting website.
Learn more about EPA’s Pacific Southwest Region x. Connect with us on Facebook, Instagram, and X.
EPA Proposes Updated Cleanup Plan for Emmell’s Septic Landfill Superfund Site in Galloway, NJ
NEW YORK (July 30, 2024) - The U.S. Environmental Protection Agency is seeking public input on a proposed draft update to the 2008 cleanup plan for the Emmell’s Septic Landfill Superfund Site in Galloway Township, Atlantic County, New Jersey. Based on scientific study and new information, EPA is updating its cleanup plan to address soil contamination at the site that continues to impact groundwater quality.
The 30-day public comment period begins on July 30, 2024. EPA will host a virtual public meeting on August 7, 2024, at 6:00 p.m. to discuss the proposed plan, which will not be finalized until the agency considers public comments. You can register for the meeting by signing up at this link.
“The EPA encourages people to provide input on its proposal to use several cleanup methods at the Superfund site to further protect the Galloway Township community,” said EPA Regional Administrator Lisa F. Garcia. “This updated plan will allow us to effectively tackle the remaining sources of pollution in the soil and ensure the continued protection of the local community.”
The proposed update to the cleanup plan includes several key steps. The EPA will remove soil down to 5 feet and dispose of soil with elevated levels of contamination at a licensed facility off-site. For the remaining deeper soil, which is contaminated with volatile organic compounds (VOCs), the EPA will use treatments that either bind or break down the contaminants and help prevent the contamination from moving off-site. After treatment, the excavated area will be filled with clean soil and replanted.
Additionally, the cleanup update proposes to eliminate the installation of specialized wells that were required under the original cleanup. These wells, called biosparging wells, were designed to inject air into the groundwater, aiding naturally occurring bacteria in breaking down vinyl chloride, a harmful contaminant. However, recent sampling shows that vinyl chloride levels have decreased naturally and because of other remediation efforts at the site, making the biosparging wells unnecessary.
This updated plan builds on earlier efforts by EPA to control groundwater contamination at the site, including the construction of a groundwater pump and treatment system completed in 2010, followed by an expansion of the system in 2012. In 2017, the EPA further refined its cleanup plan by replacing drinking water wells that had been impacted by site-related contamination, and this project was completed in 2022.
Written comments on the proposed plan may be submitted to Joseph Gowers, Remedial Project Manager, U.S. Environmental Protection Agency, 290 Broadway – 19th Floor, New York, NY 10007 or via email: gowers.joe@epa.gov.
For additional background and to see the proposed cleanup plan, visit the Emmell’s Septic Landfill Superfund site profile page.
Follow EPA Region 2 on X and visit our Facebook page. For more information about EPA Region 2, visit our website.
24-061
The 30-day public comment period begins on July 30, 2024. EPA will host a virtual public meeting on August 7, 2024, at 6:00 p.m. to discuss the proposed plan, which will not be finalized until the agency considers public comments. You can register for the meeting by signing up at this link.
“The EPA encourages people to provide input on its proposal to use several cleanup methods at the Superfund site to further protect the Galloway Township community,” said EPA Regional Administrator Lisa F. Garcia. “This updated plan will allow us to effectively tackle the remaining sources of pollution in the soil and ensure the continued protection of the local community.”
The proposed update to the cleanup plan includes several key steps. The EPA will remove soil down to 5 feet and dispose of soil with elevated levels of contamination at a licensed facility off-site. For the remaining deeper soil, which is contaminated with volatile organic compounds (VOCs), the EPA will use treatments that either bind or break down the contaminants and help prevent the contamination from moving off-site. After treatment, the excavated area will be filled with clean soil and replanted.
Additionally, the cleanup update proposes to eliminate the installation of specialized wells that were required under the original cleanup. These wells, called biosparging wells, were designed to inject air into the groundwater, aiding naturally occurring bacteria in breaking down vinyl chloride, a harmful contaminant. However, recent sampling shows that vinyl chloride levels have decreased naturally and because of other remediation efforts at the site, making the biosparging wells unnecessary.
This updated plan builds on earlier efforts by EPA to control groundwater contamination at the site, including the construction of a groundwater pump and treatment system completed in 2010, followed by an expansion of the system in 2012. In 2017, the EPA further refined its cleanup plan by replacing drinking water wells that had been impacted by site-related contamination, and this project was completed in 2022.
Written comments on the proposed plan may be submitted to Joseph Gowers, Remedial Project Manager, U.S. Environmental Protection Agency, 290 Broadway – 19th Floor, New York, NY 10007 or via email: gowers.joe@epa.gov.
For additional background and to see the proposed cleanup plan, visit the Emmell’s Septic Landfill Superfund site profile page.
Follow EPA Region 2 on X and visit our Facebook page. For more information about EPA Region 2, visit our website.
24-061
EPA Issues Stop Sale Order to Chagrin Valley Soap & Salve in Solon, Ohio
Today, U.S. Environmental Protection Agency announced it had ordered Chagrin Valley Soap & Salve in Solon, Ohio, to stop sale, use or removal of eight unregistered pesticide products in violation of the Federal Insecticide, Fungicide, and Rodenticide Act.
The products “Don’t Bug Me! Natural Bug Spray,” “Don’t Bug Me! Bug-Off Stick,” “Don’t Bug Me! Bug Repellent Lotion Bar,” “Camping and Trail Soap,” “Don’t Bug Me! Insect Repellent Candle,” “Hand Spray: Lavender Rosemary,” “Hand Spray: Fresh Mint” and “Don’t Bug Me! Bug Repellent Bundle,” were offered for sale online. The labels and website for the “Don’t Bug Me!” product line claimed they could effectively repel insects. Products labeled as hand sprays claimed to kill viruses and germs on surfaces.
Federal law requires that all pesticides must be evaluated through EPA’s registration process to ensure that the products perform as intended prior to their distribution or sale. The agency will not register a pesticide until it is determined that the product does not pose an unreasonable risk to human health or the environment, when used as directed. Registered products have EPA-approved labels which provide users with important information regarding safety and application. Unregistered products have not been evaluated and may not function as advertised or even mislead consumers.
For more information about EPA’s enforcement program, visit the agency’s website.
For more information about pesticides, visit EPA’s pesticides website.
The products “Don’t Bug Me! Natural Bug Spray,” “Don’t Bug Me! Bug-Off Stick,” “Don’t Bug Me! Bug Repellent Lotion Bar,” “Camping and Trail Soap,” “Don’t Bug Me! Insect Repellent Candle,” “Hand Spray: Lavender Rosemary,” “Hand Spray: Fresh Mint” and “Don’t Bug Me! Bug Repellent Bundle,” were offered for sale online. The labels and website for the “Don’t Bug Me!” product line claimed they could effectively repel insects. Products labeled as hand sprays claimed to kill viruses and germs on surfaces.
Federal law requires that all pesticides must be evaluated through EPA’s registration process to ensure that the products perform as intended prior to their distribution or sale. The agency will not register a pesticide until it is determined that the product does not pose an unreasonable risk to human health or the environment, when used as directed. Registered products have EPA-approved labels which provide users with important information regarding safety and application. Unregistered products have not been evaluated and may not function as advertised or even mislead consumers.
For more information about EPA’s enforcement program, visit the agency’s website.
For more information about pesticides, visit EPA’s pesticides website.
Canadian longshore foremen prep for possible strike after DP World hearing
British Columbia's maritime employers warn of a port-wide strike vote taking place as Canada’s labor tribunal considers a union proposal about staffing at DP World’s Centerm.
Vancouver’s longshore foremen prep for possible strike after DP World hearing
The Port of Vancouver’s maritime employers warn of a port-wide strike vote taking place as Canada’s labor tribunal considers a union proposal about staffing at DP World’s Centerm.
Canadian longshore foremen prep for possible strike after DP World hearing
British Columbia's maritime employers warn of a port-wide strike vote taking place as Canada’s labor tribunal considers a union proposal about staffing at DP World’s Centerm.
USDA Proposes New Policy to Reduce Salmonella in Raw Poultry Products
WASHINGTON, July 29, 2024 – The U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) today issued a comprehensive proposed rule and determination to more effectively reduce Salmonella contamination and illnesses associated with raw poultry products.
EAPA Cons. Case 7950: Various Importers (Notice of Initiation of Investigation and Interim Measures, July 09, 2024)
EAPA Action: Notification of Initiation of Investigation and Interim Measures for EAPA Consolidated Case 7950 - Monosodium Glutamate
WASHINGTON—On July 9, 2024, U.S. Customs and Border Protection (CBP) issued its notification of initiation of…
WASHINGTON—On July 9, 2024, U.S. Customs and Border Protection (CBP) issued its notification of initiation of…