EPA Begins Sewer Line Inspections and Drinking Water Sampling in Lahaina
Lahaina, Hawai'i – Starting the week of February 5th, the U.S. Environmental Protection Agency (EPA) started work on Mission Assignment from FEMA to clear and inspect nearly 100,000 linear feet of sewer lines within Lahaina.
These inspections will allow the County of Maui to prioritize the emergency repairs needed to protect the wastewater treatment plant from excess infiltration of salt water through damaged sewer pipes. EPA is providing a 48-hour notice to residents where work is being completed via door hangers and flyers in Ilocano, Spanish, Tagalog, and English. Work is expected to be completed within five days of the initial notice. All inspections and work in Lahaina will take approximately 30 days to be completed.
EPA also received a Mission Assignment from FEMA to assist the County of Maui with restoration of the drinking water system. The wildfires caused widespread pressure loss and heat damage to pipes in the burn zone, which can release contaminants such as volatile organic compounds (VOCs) into the pipes. EPA continues to partner with the Maui Department of Water Supply and the Hawai’i Department of Health to sample the water throughout these pipes and, if contamination is found, ensure that it is isolated from the rest of the system.
EPA is honored to support the County of Maui Departments of Water Supply and Environmental Management along with Hawai’i Department of Health to address water infrastructure damaged by the fires. Our shared goal is to see the people of Lahaina return to their homes with reliable wastewater service and safe drinking water.
Learn more about EPA's Pacific Southwest Region. Connect with us on Instagram, Facebook and X.
These inspections will allow the County of Maui to prioritize the emergency repairs needed to protect the wastewater treatment plant from excess infiltration of salt water through damaged sewer pipes. EPA is providing a 48-hour notice to residents where work is being completed via door hangers and flyers in Ilocano, Spanish, Tagalog, and English. Work is expected to be completed within five days of the initial notice. All inspections and work in Lahaina will take approximately 30 days to be completed.
EPA also received a Mission Assignment from FEMA to assist the County of Maui with restoration of the drinking water system. The wildfires caused widespread pressure loss and heat damage to pipes in the burn zone, which can release contaminants such as volatile organic compounds (VOCs) into the pipes. EPA continues to partner with the Maui Department of Water Supply and the Hawai’i Department of Health to sample the water throughout these pipes and, if contamination is found, ensure that it is isolated from the rest of the system.
EPA is honored to support the County of Maui Departments of Water Supply and Environmental Management along with Hawai’i Department of Health to address water infrastructure damaged by the fires. Our shared goal is to see the people of Lahaina return to their homes with reliable wastewater service and safe drinking water.
Learn more about EPA's Pacific Southwest Region. Connect with us on Instagram, Facebook and X.
Agriculture Secretary Vilsack Statement on the Release of the 2022 Census of Agriculture
WASHINGTON, Feb. 13, 2024 – Agriculture Secretary Tom Vilsack offered the following statement today, following the release of the 2022 Census of Agriculture.
Agriculture Secretary Vilsack Statement on the Release of the 2022 Census of Agriculture
WASHINGTON, Feb. 13, 2024 – Agriculture Secretary Tom Vilsack offered the following statement today, following the release of the 2022 Census of Agriculture.
El acuerdo de la EPA y el Departamento de Justicia abordará los problemas en el Vertedero de Toa Alta
NUEVA YORK - El Municipio de Toa Alta llegó a un acuerdo con la Agencia Federal de Protección Ambiental (EPA, por sus siglas en inglés) y el Departamento de Justicia de Estados Unidos (DOJ, por sus siglas en inglés) para atender los riesgos ambientales y de salud pública que presenta su sistema de relleno sanitario. El acuerdo, anunciado hoy, requiere que el Municipio de Toa Alta se ocupe en atender el líquido contaminado, conocido como lixiviado, ubicado en la parte sureste del sistema de relleno sanitario generado como parte de la operación de esta facilidad y pague una multa civil de $50,000 por sus pasadas violaciones. Acciones anteriores tomadas por el Gobierno Federal de los Estados Unidos respecto a este sistema de relleno sanitario atienden otros riesgos que presenta esta facilidad.
“Este acuerdo protegerá a las personas al exigir que el líquido contaminado debajo del sistema de relleno sanitario se maneje adecuadamente. Este es un hito importante en nuestros esfuerzos con los residentes para abordar los problemas que han persistido por tanto tiempo en el sistema de relleno sanitario de Toa Alta”, comentó la administradora regional Lisa F. García. “El insumo de la comunidad ha ayudado en la formulación de los trabajos de la EPA y el Departamento de Recursos Naturales y Ambientales de Puerto Rico (DRNA) para atender los riesgos inaceptables que representa este relleno sanitario y esperamos recibir comentarios de la comunidad sobre el acuerdo propuesto”.
El acuerdo entre el Municipio de Toa Alta y el Gobierno Federal de los Estados Unidos está sujeto a un periodo de 30 días de comentario público, al derecho del público a solicitar una reunión pública y, en última instancia, a la aceptación por parte del Juez del Tribunal Federal que preside el caso. Puede ver el acuerdo en el sitio web del DOJ.
La EPA y el DOJ presentaron una demanda contra el Municipio de Toa Alta, alegando que el sistema de relleno sanitario presentaba serias amenazas para la salud humana y el medioambiente debido a su mal funcionamiento, la falta de controles, las pendientes pronunciadas, los desechos descubiertos y el manejo inadecuado de lixiviados.
En agosto de 2022, un Tribunal Federal ordenó al Municipio de Toa Alta a tomar medidas inmediatas para atender varios de estos aspectos. La orden no abordó el problema de los lixiviados en el área sureste de la celda del relleno sanitario ni la sanción civil.
Este acuerdo y orden final atienden el problema de los lixiviados de la celda del área sureste del relleno sanitario y la multa civil de la siguiente manera:
El Municipio de Toa Alta trabajará junto con un antiguo operador del relleno sanitario para llevar a cabo las pruebas y reparaciones del sistema, de ser viable, para recolectar lixiviados de debajo de la celda sureste, según lo exige una orden administrativa de 2017 emitida por la EPA.
El Municipio de Toa Alta operará el sistema de recolección de lixiviados, de este poder ser reparado, y desechará los lixiviados adecuadamente bajo la supervisión del DRNA, el ente regulador de los rellenos sanitarios de desperdicios sólidos municipales en Puerto Rico.
Incluso si el sistema no se puede reparar, el Municipio de Toa Alta trabajará con el DRNA para implementar medidas a corto y largo plazo destinadas a atender el lixiviado sito en el área sureste de la celda como parte del plan de cierre final permanente del relleno sanitario.
El Municipio de Toa Alta pagará una multa civil de $50,000 al Gobierno Federal de los Estados Unidos dentro de los 30 días posteriores a la fecha de vigencia de esta orden.
El acuerdo de agosto de 2022 incluyó requisitos de presentación de informes que el Municipio de Toa Alta debe cumplir para que la EPA pueda mantener una adecuada supervisión e informar continuamente a la comunidad sobre los acontecimientos en el sistema de relleno sanitario o relacionados con él.
Visite la página web del Vertedero Municipal de Toa Alta para ver más antecedentes.
Siga a la Región 2 de la EPA en X y visite nuestra página en Facebook. Para obtener más información sobre la Región 2 de la EPA, visite nuestro sitio web.
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“Este acuerdo protegerá a las personas al exigir que el líquido contaminado debajo del sistema de relleno sanitario se maneje adecuadamente. Este es un hito importante en nuestros esfuerzos con los residentes para abordar los problemas que han persistido por tanto tiempo en el sistema de relleno sanitario de Toa Alta”, comentó la administradora regional Lisa F. García. “El insumo de la comunidad ha ayudado en la formulación de los trabajos de la EPA y el Departamento de Recursos Naturales y Ambientales de Puerto Rico (DRNA) para atender los riesgos inaceptables que representa este relleno sanitario y esperamos recibir comentarios de la comunidad sobre el acuerdo propuesto”.
El acuerdo entre el Municipio de Toa Alta y el Gobierno Federal de los Estados Unidos está sujeto a un periodo de 30 días de comentario público, al derecho del público a solicitar una reunión pública y, en última instancia, a la aceptación por parte del Juez del Tribunal Federal que preside el caso. Puede ver el acuerdo en el sitio web del DOJ.
La EPA y el DOJ presentaron una demanda contra el Municipio de Toa Alta, alegando que el sistema de relleno sanitario presentaba serias amenazas para la salud humana y el medioambiente debido a su mal funcionamiento, la falta de controles, las pendientes pronunciadas, los desechos descubiertos y el manejo inadecuado de lixiviados.
En agosto de 2022, un Tribunal Federal ordenó al Municipio de Toa Alta a tomar medidas inmediatas para atender varios de estos aspectos. La orden no abordó el problema de los lixiviados en el área sureste de la celda del relleno sanitario ni la sanción civil.
Este acuerdo y orden final atienden el problema de los lixiviados de la celda del área sureste del relleno sanitario y la multa civil de la siguiente manera:
El Municipio de Toa Alta trabajará junto con un antiguo operador del relleno sanitario para llevar a cabo las pruebas y reparaciones del sistema, de ser viable, para recolectar lixiviados de debajo de la celda sureste, según lo exige una orden administrativa de 2017 emitida por la EPA.
El Municipio de Toa Alta operará el sistema de recolección de lixiviados, de este poder ser reparado, y desechará los lixiviados adecuadamente bajo la supervisión del DRNA, el ente regulador de los rellenos sanitarios de desperdicios sólidos municipales en Puerto Rico.
Incluso si el sistema no se puede reparar, el Municipio de Toa Alta trabajará con el DRNA para implementar medidas a corto y largo plazo destinadas a atender el lixiviado sito en el área sureste de la celda como parte del plan de cierre final permanente del relleno sanitario.
El Municipio de Toa Alta pagará una multa civil de $50,000 al Gobierno Federal de los Estados Unidos dentro de los 30 días posteriores a la fecha de vigencia de esta orden.
El acuerdo de agosto de 2022 incluyó requisitos de presentación de informes que el Municipio de Toa Alta debe cumplir para que la EPA pueda mantener una adecuada supervisión e informar continuamente a la comunidad sobre los acontecimientos en el sistema de relleno sanitario o relacionados con él.
Visite la página web del Vertedero Municipal de Toa Alta para ver más antecedentes.
Siga a la Región 2 de la EPA en X y visite nuestra página en Facebook. Para obtener más información sobre la Región 2 de la EPA, visite nuestro sitio web.
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EPA and DOJ Settlement Will Address Problems at Toa Alta Landfill
NEW YORK - The Municipality of Toa Alta has agreed to a settlement with the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) to address environmental and public health risks at its landfill in Puerto Rico. The settlement, announced today, requires the Municipality of Toa Alta to deal with the contaminated liquid, known as leachate, in the southeast portion of the landfill and to pay a $50,000 civil penalty for its past violations. Prior actions are addressing other risks posed by the landfill.
"This settlement will protect people by requiring that the contaminated liquid under the landfill be properly managed. This is a major milestone in our efforts with the residents to address the long-standing problems at the Toa Alta landfill," said Regional Administrator Lisa F. Garcia. "The community has helped shape EPA and DNER’s work to address the unacceptable risks that have been posed by this landfill and we look forward to getting input on this proposed settlement."
This agreement between the Municipality of Toa Alta and the United States is subject to a 30-day public comment period, the public’s right to request a public meeting, and ultimately, acceptance by the federal court judge presiding over the case. You can view the agreement on DOJ’s website.
The EPA and the DOJ filed a lawsuit against the municipality, alleging that the landfill posed serious threats to human health and the environment due to its poor operation of the landfill, lack of controls, steep slopes, uncovered waste, and inadequate management of leachate.
In August 2022, a Federal Court ordered Toa Alta to take immediate action to address several of these issues. The order did not address the leachate problem in the landfill's southeast cell area or the civil penalty.
The second stipulation and final order addresses the southeast cell leachate problem, and the civil penalty as follows:
The Municipality will cooperate with a former operator of the landfill to complete the testing and repair, if feasible, of the system to collect leachate from under the southeast cell, as required by a 2017 administrative order issued by EPA.
The municipality will operate the leachate collection system if it can be repaired, and dispose of the leachate properly under the oversight of the Department of Natural and Environmental Resources of Puerto Rico (DNER), the approved regulator of municipal solid waste landfills in Puerto Rico.
Even if the system can’t be repaired, the municipality will work with DNER to implement near-term and long-term measures to address the leachate from the southeast cell area as part of the permanent final closure plan for the landfill.
The Municipality of Toa Alta will pay a $50,000 civil penalty to the United States within 30 days of the effective date of this order.
The August 2022 agreement included reporting requirements Toa Alta must follow so that EPA can maintain oversight and keep the community informed of developments at or concerning the landfill.
Visit the Toa Alta Municipal Landfill web page for additional background.
Follow EPA Region 2 on X and visit our Facebook page. For more information about EPA Region 2, visit our website.
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"This settlement will protect people by requiring that the contaminated liquid under the landfill be properly managed. This is a major milestone in our efforts with the residents to address the long-standing problems at the Toa Alta landfill," said Regional Administrator Lisa F. Garcia. "The community has helped shape EPA and DNER’s work to address the unacceptable risks that have been posed by this landfill and we look forward to getting input on this proposed settlement."
This agreement between the Municipality of Toa Alta and the United States is subject to a 30-day public comment period, the public’s right to request a public meeting, and ultimately, acceptance by the federal court judge presiding over the case. You can view the agreement on DOJ’s website.
The EPA and the DOJ filed a lawsuit against the municipality, alleging that the landfill posed serious threats to human health and the environment due to its poor operation of the landfill, lack of controls, steep slopes, uncovered waste, and inadequate management of leachate.
In August 2022, a Federal Court ordered Toa Alta to take immediate action to address several of these issues. The order did not address the leachate problem in the landfill's southeast cell area or the civil penalty.
The second stipulation and final order addresses the southeast cell leachate problem, and the civil penalty as follows:
The Municipality will cooperate with a former operator of the landfill to complete the testing and repair, if feasible, of the system to collect leachate from under the southeast cell, as required by a 2017 administrative order issued by EPA.
The municipality will operate the leachate collection system if it can be repaired, and dispose of the leachate properly under the oversight of the Department of Natural and Environmental Resources of Puerto Rico (DNER), the approved regulator of municipal solid waste landfills in Puerto Rico.
Even if the system can’t be repaired, the municipality will work with DNER to implement near-term and long-term measures to address the leachate from the southeast cell area as part of the permanent final closure plan for the landfill.
The Municipality of Toa Alta will pay a $50,000 civil penalty to the United States within 30 days of the effective date of this order.
The August 2022 agreement included reporting requirements Toa Alta must follow so that EPA can maintain oversight and keep the community informed of developments at or concerning the landfill.
Visit the Toa Alta Municipal Landfill web page for additional background.
Follow EPA Region 2 on X and visit our Facebook page. For more information about EPA Region 2, visit our website.
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Biden-Harris Administration expands EPA program to bring wastewater sanitation services to 150 more underserved communities across Rural America, including the San Carlos Apache Tribe in Arizona
SAN FRANCISCO – The U.S. Environmental Protection Agency (EPA) announced the expansion of its successful Closing America’s Wastewater Access Gap Community Initiative to 150 additional communities as part of President Biden’s Investing in America agenda. Originally launched in partnership with the U.S. Department of Agriculture (USDA), the pilot initiative has been assisting 11 communities since 2022. This program, along with historic funding through the Bipartisan Infrastructure Law, will help thousands of Americans access the wastewater infrastructure they need to thrive.
“Many rural and low-income communities in the U.S. lack basic running water and indoor plumbing, and our Closing America’s Wastewater Access Gap Program has been instrumental in helping communities from White Hall, Alabama to McDowell County, West Virginia to San Carlos Apache Tribe, Arizona access Bipartisan Infrastructure Law funding to address this critical need” said EPA Assistant Administrator for Water Radhika Fox. “In expanding the program to 150 additional communities, we are working to restore dignity and opportunity to underserved communities nationwide.”
Closing America’s Wastewater Access Gap Community Initiative
An estimated 2 million people in the U.S. live without adequate wastewater infrastructure and safe and reliable drinking water in their homes. Many more live with wastewater infrastructure that is ineffective and puts people’s health at risk. To date, the initiative has helped provide communities with no cost technical assistance that helps identify affordable options accessing wastewater infrastructure. For example, technical assistance providers help the community conduct assessments of the community’s specific needs and submit applications for wastewater funding. So far progress for the 11 pilot communities includes seven funding awards and 10 additional funding applications submissions. All 11 communities have drafted community solution plans, which are in the process of being finalized, and will be posted to EPA’s website in the early spring.
“The expansion of this program makes clear that coordination between the communities actually impacted by these issues and state and federal government drives real change. This announcement is further acknowledgement of the Biden Administration's commitment to resolving America's Dirty Secret in rural and poor communities throughout the United States. The Center for Rural Enterprise and Environmental Justice continues to be supportive to this cause as we seek resilient and innovative sanitation solutions,” said Catherine Flowers Founding Director of Center for Rural Enterprise and Environmental Justice.
The San Carlos Apache Tribe is another one of the 11 communities from the initial pilot. Nearly two-thirds of the homes on the San Carlos Apache Indian Reservation do not have access to centralized wastewater systems and rely on inadequate onsite systems, like septic tanks. Through $2.5 million from the Closing America’s Wastewater Access Gap pilot, the Tribe has secured funding to pump septic tanks in need of servicing and is working with technical assistance providers to develop educational campaigns on wastewater management and septic system maintenance.
Interested communities can request assistance by completing the WaterTA request form.
Communities will be selected on a rolling basis; there is no deadline to apply. For questions, email SepticHelp@epa.gov.
Learn more about EPA’s WaterTA services and the Bipartisan Infrastructure Law’s historic $50 billion investment in America.
Learn more about EPA’s Pacific Southwest Region. Connect with us on Facebook and on X.
“Many rural and low-income communities in the U.S. lack basic running water and indoor plumbing, and our Closing America’s Wastewater Access Gap Program has been instrumental in helping communities from White Hall, Alabama to McDowell County, West Virginia to San Carlos Apache Tribe, Arizona access Bipartisan Infrastructure Law funding to address this critical need” said EPA Assistant Administrator for Water Radhika Fox. “In expanding the program to 150 additional communities, we are working to restore dignity and opportunity to underserved communities nationwide.”
Closing America’s Wastewater Access Gap Community Initiative
An estimated 2 million people in the U.S. live without adequate wastewater infrastructure and safe and reliable drinking water in their homes. Many more live with wastewater infrastructure that is ineffective and puts people’s health at risk. To date, the initiative has helped provide communities with no cost technical assistance that helps identify affordable options accessing wastewater infrastructure. For example, technical assistance providers help the community conduct assessments of the community’s specific needs and submit applications for wastewater funding. So far progress for the 11 pilot communities includes seven funding awards and 10 additional funding applications submissions. All 11 communities have drafted community solution plans, which are in the process of being finalized, and will be posted to EPA’s website in the early spring.
“The expansion of this program makes clear that coordination between the communities actually impacted by these issues and state and federal government drives real change. This announcement is further acknowledgement of the Biden Administration's commitment to resolving America's Dirty Secret in rural and poor communities throughout the United States. The Center for Rural Enterprise and Environmental Justice continues to be supportive to this cause as we seek resilient and innovative sanitation solutions,” said Catherine Flowers Founding Director of Center for Rural Enterprise and Environmental Justice.
The San Carlos Apache Tribe is another one of the 11 communities from the initial pilot. Nearly two-thirds of the homes on the San Carlos Apache Indian Reservation do not have access to centralized wastewater systems and rely on inadequate onsite systems, like septic tanks. Through $2.5 million from the Closing America’s Wastewater Access Gap pilot, the Tribe has secured funding to pump septic tanks in need of servicing and is working with technical assistance providers to develop educational campaigns on wastewater management and septic system maintenance.
Interested communities can request assistance by completing the WaterTA request form.
Communities will be selected on a rolling basis; there is no deadline to apply. For questions, email SepticHelp@epa.gov.
Learn more about EPA’s WaterTA services and the Bipartisan Infrastructure Law’s historic $50 billion investment in America.
Learn more about EPA’s Pacific Southwest Region. Connect with us on Facebook and on X.
Apache Corporation to pay $4 million and reduce unlawful air pollution from oil and gas wells in New Mexico and Texas, eliminating more than 10,000 tons of harmful air pollutants annually
WASHINGTON – Apache Corporation (Apache) has agreed to pay $4 million in civil penalties and undertake projects expected to cost at least $5.5 million to ensure 422 of its oil and gas well pads in New Mexico and Texas comply with federal and state clean air regulations and offset past illegal emissions.
Apache’s agreement settles a civil suit, filed jointly by the United States, on behalf of the Environmental Protection Agency (EPA) and the New Mexico Environment Department (NMED), alleging that Apache failed to comply with federal and state requirements to capture and control air emissions from 23 of its oil and gas production operations in New Mexico and Texas. EPA and NMED identified the alleged violations through field investigations and repeated flyover surveillance conducted in 2019, 2020 and 2022.
Compliance with this robust settlement will result in annual reductions of more than 9,650 tons of Volatile Organic Compounds (VOCs) and 900 tons of methane, which equates to more than 25,000 tons of carbon dioxide (CO2). VOCs are a key component in the formation of ground-level ozone or smog, which irritates lungs, exacerbates diseases including asthma and can increase susceptibility to respiratory illnesses, such as pneumonia and bronchitis.
“Robust enforcement of Clean Air Act violations at oil and gas facilities protects communities from harmful smog and reduces methane emissions that are major contributors to global climate change,” said David M. Uhlmann, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s agreement demonstrates EPA’s commitment to working with our state partners to tackle climate change and improve air quality for everyone living in the United States.”
“Today’s settlement will ensure compliance at hundreds of oil and gas facilities across New Mexico and Texas,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Under the settlement, over 400 Apache facilities will be required to take extensive steps to reduce emissions of volatile organic compounds – which contribute to smog – as well as methane gas, which is a significant contributor to climate change.”
“Noxious pollutants directly threaten the health of neighboring communities while propelling our world toward climate disaster,” said U.S. Attorney Alexander M.M. Uballez for the District of New Mexico. “I applaud the tireless efforts of the Department of Justice’s Environment and Natural Resources Division, the U.S. EPA and the NMED to protect our lungs and our earth. Environmental justice is a top priority for the Department of Justice and the U.S. Attorney’s Office for the District of New Mexico.”
“This settlement shows that oil and gas operators deserve greater scrutiny because too many are failing to comply with federal and state rules,” said New Mexico Environment Cabinet Secretary James Kenney. “As a result, bad actors will cause greater federal and state regulation of the entire oil and gas industry as ozone levels rise and public health suffers.”
The $4 million fine outlined in the settlement will be shared equally by the United States and the State of New Mexico, with New Mexico’s portion going to the state’s general fund. The settlement document (consent decree) was filed together with the complaint in the U.S. District Court for the District of New Mexico and requires the company to take numerous steps to ensure that 422 well pads covered by the consent decree and located in New Mexico and Texas are operated lawfully.
In addition to the $4 million fine, Apache will also spend at least $4.5 million to implement extensive design, operation, maintenance and monitoring improvements, including installing new tank pressure monitoring systems that will provide advance notification of potential emissions and allow for immediate response action by the company. Apache will also spend over $1 million to offset the harm caused by the alleged violations by replacing, on an accelerated schedule, more than 400 pollutant-emitting pneumatic devices with non-emitting devices.
Pound for pound, methane is approximately 28 times more powerful than carbon dioxide in terms of its impact on global warming. Accordingly, a reduction of 900 tons of annual methane reductions equates to more than 25,000 tons of CO2, akin to eliminating the use of more than 2.5 million gallons of gasoline annually. Greenhouse gases from human activities are a primary cause of climate change and global warming. This enforcement settlement furthers EPA’s commitment to deliver public health protections against climate-impacting pollution and other pollutants for communities across America and helps deliver on EPA’s top commitment in its strategic plan, which is to tackle the climate crisis.
The Clean Air Act requires the EPA to set National Ambient Air Quality Standards (NAAQS) for criteria pollutants that are considered harmful to public health and the environment. Ozone is a criteria pollutant that is created when oxides of nitrogen (NOx) and VOCs react in the atmosphere. VOCs and NOx are emitted by oil and gas production facilities, such as those operated by Apache. During the timeframes of Apache’s alleged violations, air quality monitors in the relevant counties in New Mexico registered rising ozone concentrations exceeding 95% of the NAAQS for ozone. In counties where ozone levels reach 95% of the NAAQS, NMED is required by New Mexico state statute to take action to reduce ozone pollution.
Apache Corporation is a wholly owned subsidiary of APA Corporation which is engaged in the exploration and development of oil and natural gas resources in the United States. Apache is a large producer in the Permian Basin, which is a shale oil and gas producing area located in southeast New Mexico and West Texas.
This settlement is part of EPA’s National Enforcement and Compliance Initiative, Mitigating Climate Change.
For more information about today’s settlement please visit the Apache Corporation Settlement webpage.
The Justice Department’s Environmental Enforcement Division lodged today’s proposed consent decree in the U.S. District Court for the District of New Mexico. The settlement is subject to a 30-day public comment period and final court approval. The consent decree will be available for viewing on the Justice Department’s website. The Federal Register notice will also include instructions for submitting public comment.
Apache’s agreement settles a civil suit, filed jointly by the United States, on behalf of the Environmental Protection Agency (EPA) and the New Mexico Environment Department (NMED), alleging that Apache failed to comply with federal and state requirements to capture and control air emissions from 23 of its oil and gas production operations in New Mexico and Texas. EPA and NMED identified the alleged violations through field investigations and repeated flyover surveillance conducted in 2019, 2020 and 2022.
Compliance with this robust settlement will result in annual reductions of more than 9,650 tons of Volatile Organic Compounds (VOCs) and 900 tons of methane, which equates to more than 25,000 tons of carbon dioxide (CO2). VOCs are a key component in the formation of ground-level ozone or smog, which irritates lungs, exacerbates diseases including asthma and can increase susceptibility to respiratory illnesses, such as pneumonia and bronchitis.
“Robust enforcement of Clean Air Act violations at oil and gas facilities protects communities from harmful smog and reduces methane emissions that are major contributors to global climate change,” said David M. Uhlmann, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s agreement demonstrates EPA’s commitment to working with our state partners to tackle climate change and improve air quality for everyone living in the United States.”
“Today’s settlement will ensure compliance at hundreds of oil and gas facilities across New Mexico and Texas,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Under the settlement, over 400 Apache facilities will be required to take extensive steps to reduce emissions of volatile organic compounds – which contribute to smog – as well as methane gas, which is a significant contributor to climate change.”
“Noxious pollutants directly threaten the health of neighboring communities while propelling our world toward climate disaster,” said U.S. Attorney Alexander M.M. Uballez for the District of New Mexico. “I applaud the tireless efforts of the Department of Justice’s Environment and Natural Resources Division, the U.S. EPA and the NMED to protect our lungs and our earth. Environmental justice is a top priority for the Department of Justice and the U.S. Attorney’s Office for the District of New Mexico.”
“This settlement shows that oil and gas operators deserve greater scrutiny because too many are failing to comply with federal and state rules,” said New Mexico Environment Cabinet Secretary James Kenney. “As a result, bad actors will cause greater federal and state regulation of the entire oil and gas industry as ozone levels rise and public health suffers.”
The $4 million fine outlined in the settlement will be shared equally by the United States and the State of New Mexico, with New Mexico’s portion going to the state’s general fund. The settlement document (consent decree) was filed together with the complaint in the U.S. District Court for the District of New Mexico and requires the company to take numerous steps to ensure that 422 well pads covered by the consent decree and located in New Mexico and Texas are operated lawfully.
In addition to the $4 million fine, Apache will also spend at least $4.5 million to implement extensive design, operation, maintenance and monitoring improvements, including installing new tank pressure monitoring systems that will provide advance notification of potential emissions and allow for immediate response action by the company. Apache will also spend over $1 million to offset the harm caused by the alleged violations by replacing, on an accelerated schedule, more than 400 pollutant-emitting pneumatic devices with non-emitting devices.
Pound for pound, methane is approximately 28 times more powerful than carbon dioxide in terms of its impact on global warming. Accordingly, a reduction of 900 tons of annual methane reductions equates to more than 25,000 tons of CO2, akin to eliminating the use of more than 2.5 million gallons of gasoline annually. Greenhouse gases from human activities are a primary cause of climate change and global warming. This enforcement settlement furthers EPA’s commitment to deliver public health protections against climate-impacting pollution and other pollutants for communities across America and helps deliver on EPA’s top commitment in its strategic plan, which is to tackle the climate crisis.
The Clean Air Act requires the EPA to set National Ambient Air Quality Standards (NAAQS) for criteria pollutants that are considered harmful to public health and the environment. Ozone is a criteria pollutant that is created when oxides of nitrogen (NOx) and VOCs react in the atmosphere. VOCs and NOx are emitted by oil and gas production facilities, such as those operated by Apache. During the timeframes of Apache’s alleged violations, air quality monitors in the relevant counties in New Mexico registered rising ozone concentrations exceeding 95% of the NAAQS for ozone. In counties where ozone levels reach 95% of the NAAQS, NMED is required by New Mexico state statute to take action to reduce ozone pollution.
Apache Corporation is a wholly owned subsidiary of APA Corporation which is engaged in the exploration and development of oil and natural gas resources in the United States. Apache is a large producer in the Permian Basin, which is a shale oil and gas producing area located in southeast New Mexico and West Texas.
This settlement is part of EPA’s National Enforcement and Compliance Initiative, Mitigating Climate Change.
For more information about today’s settlement please visit the Apache Corporation Settlement webpage.
The Justice Department’s Environmental Enforcement Division lodged today’s proposed consent decree in the U.S. District Court for the District of New Mexico. The settlement is subject to a 30-day public comment period and final court approval. The consent decree will be available for viewing on the Justice Department’s website. The Federal Register notice will also include instructions for submitting public comment.
Biden-Harris Administration expands EPA program to bring wastewater sanitation services to 150 more underserved communities across Rural America as part of Investing in America Agenda
BOSTON (Feb. 13, 2024) – The U.S. Environmental Protection Agency (EPA) announced the expansion of its successful Closing America's Wastewater Access Gap Community Initiative to 150 additional communities as part of President Biden's Investing in America agenda. Originally launched in partnership with the U.S. Department of Agriculture (USDA), the initiative partners with underserved communities to provide technical assistance on accessing federal wastewater funding. The pilot initiative has been assisting 11 communities since 2022. This program, along with historic funding through the Bipartisan Infrastructure Law, will advance President Biden's historic environmental justice agenda and help thousands of Americans access the wastewater infrastructure they need to thrive.
"Many rural and low-income communities in the U.S. lack basic running water and indoor plumbing, and our Closing America's Wastewater Access Gap Program has been instrumental in helping communities from White Hall, Alabama to McDowell County, West Virginia to San Carlos Apache Tribe, Arizona access Bipartisan Infrastructure Law funding to address this critical need" said EPA Assistant Administrator for Water Radhika Fox. "In expanding the program to 150 additional communities, we are working to restore dignity and opportunity to underserved communities nationwide."
"For communities throughout the six New England states and the ten federally recognized Native Tribes, I am excited to see the potential impact that expanding this program could have in New England. This wastewater initiative is another step toward closing the gap and ensuring that rural and underserved areas receive support to access historic funding available through the Bipartisan Infrastructure Law," said EPA Regional Administrator David W. Cash. "By providing no-cost technical assistance that can help communities assess their wastewater needs and identify funding opportunities, we are reducing barriers and empowering communities to access federal funding, contributing to both the health of the environment and the overall well-being of communities."
Closing America's Wastewater Access Gap Community Initiative
An estimated 2 million people in the U.S. live without adequate wastewater infrastructure and safe and reliable drinking water in their homes. Many more live with wastewater infrastructure that is ineffective and puts people's health at risk. To date, the Closing America's Wastewater Access Gap initiative has helped provide communities with no-cost technical assistance that helps identify affordable options for accessing wastewater infrastructure. For example, technical assistance providers help the community conduct assessments of the community's specific needs and submit applications for wastewater funding. So far, progress for the 11 pilot communities includes seven funding awards and 10 additional funding applications submissions. All 11 communities have drafted community solution plans, which are in the process of being finalized, and will be posted to EPA's Closing America's Wastewater Access Gap webpage in the early spring.
In Lowndes County, Alabama, children and families are exposed to raw sewage at the place that should be safest – their own homes. Yards regularly flood with sewage from straight pipes or from broken pipes that clog when it rains. However, with the help of EPA's technical assistance, known as "WaterTA," the community of White Hall successfully applied for federal funding and received $450,000 to help accelerate their wastewater infrastructure goals.
"The expansion of this program makes clear that coordination between the communities actually impacted by these issues and state and federal government drives real change. This announcement is further acknowledgement of the Biden Administration's commitment to resolving America's Dirty Secret in rural and poor communities throughout the United States. The Center for Rural Enterprise and Environmental Justice continues to be supportive to this cause as we seek resilient and innovative sanitation solutions," said Catherine Flowers Founding Director of Center for Rural Enterprise and Environmental Justice.
Interested communities can request assistance by completing the WaterTA request form.
Communities will be selected on a rolling basis; there is no deadline to apply. For questions, email SepticHelp@epa.gov.
Learn more about EPA's WaterTA services and the Bipartisan Infrastructure Law's historic $50 billion investment in America.
"Many rural and low-income communities in the U.S. lack basic running water and indoor plumbing, and our Closing America's Wastewater Access Gap Program has been instrumental in helping communities from White Hall, Alabama to McDowell County, West Virginia to San Carlos Apache Tribe, Arizona access Bipartisan Infrastructure Law funding to address this critical need" said EPA Assistant Administrator for Water Radhika Fox. "In expanding the program to 150 additional communities, we are working to restore dignity and opportunity to underserved communities nationwide."
"For communities throughout the six New England states and the ten federally recognized Native Tribes, I am excited to see the potential impact that expanding this program could have in New England. This wastewater initiative is another step toward closing the gap and ensuring that rural and underserved areas receive support to access historic funding available through the Bipartisan Infrastructure Law," said EPA Regional Administrator David W. Cash. "By providing no-cost technical assistance that can help communities assess their wastewater needs and identify funding opportunities, we are reducing barriers and empowering communities to access federal funding, contributing to both the health of the environment and the overall well-being of communities."
Closing America's Wastewater Access Gap Community Initiative
An estimated 2 million people in the U.S. live without adequate wastewater infrastructure and safe and reliable drinking water in their homes. Many more live with wastewater infrastructure that is ineffective and puts people's health at risk. To date, the Closing America's Wastewater Access Gap initiative has helped provide communities with no-cost technical assistance that helps identify affordable options for accessing wastewater infrastructure. For example, technical assistance providers help the community conduct assessments of the community's specific needs and submit applications for wastewater funding. So far, progress for the 11 pilot communities includes seven funding awards and 10 additional funding applications submissions. All 11 communities have drafted community solution plans, which are in the process of being finalized, and will be posted to EPA's Closing America's Wastewater Access Gap webpage in the early spring.
In Lowndes County, Alabama, children and families are exposed to raw sewage at the place that should be safest – their own homes. Yards regularly flood with sewage from straight pipes or from broken pipes that clog when it rains. However, with the help of EPA's technical assistance, known as "WaterTA," the community of White Hall successfully applied for federal funding and received $450,000 to help accelerate their wastewater infrastructure goals.
"The expansion of this program makes clear that coordination between the communities actually impacted by these issues and state and federal government drives real change. This announcement is further acknowledgement of the Biden Administration's commitment to resolving America's Dirty Secret in rural and poor communities throughout the United States. The Center for Rural Enterprise and Environmental Justice continues to be supportive to this cause as we seek resilient and innovative sanitation solutions," said Catherine Flowers Founding Director of Center for Rural Enterprise and Environmental Justice.
Interested communities can request assistance by completing the WaterTA request form.
Communities will be selected on a rolling basis; there is no deadline to apply. For questions, email SepticHelp@epa.gov.
Learn more about EPA's WaterTA services and the Bipartisan Infrastructure Law's historic $50 billion investment in America.