EPA Fines Cobalt Boats for Alleged Hazardous Waste Violations in Kansas
LENEXA, KAN. (DEC. 19, 2023) – Cobalt Boats LLC will pay $133,780 in civil penalties to resolve alleged violations of the federal Resource Conservation and Recovery Act.
According to the U.S. Environmental Protection Agency (EPA), the company generates large amounts of hazardous waste at its Neodesha, Kansas, boat manufacturing facility and failed to comply with regulations intended to prevent releases of hazardous waste, including:
Failure to maintain and operate the facility to minimize the possibility of a fire, explosion, or unplanned release of hazardous waste.
Failure to monitor pumps and valves to detect potential leaks of hazardous waste.
Failure to maintain required records.
Storage of potentially incompatible hazardous wastes.
“This settlement demonstrates EPA’s commitment to protect communities from releases of hazardous waste,” said David Cozad, director of EPA Region 7’s Enforcement and Compliance Assurance Division. “The Agency is also committed to leveling the playing field for companies that comply with federal law.”
EPA discovered the alleged violations during a February 2022 inspection. In response to EPA’s findings, Cobalt Boats promptly took the necessary steps to return to compliance.
The Resource Conservation and Recovery Act creates the framework for the proper management of hazardous and non-hazardous solid waste.
# # #
Learn more about the Resource Conservation and Recovery Act
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View all Region 7 news releases
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According to the U.S. Environmental Protection Agency (EPA), the company generates large amounts of hazardous waste at its Neodesha, Kansas, boat manufacturing facility and failed to comply with regulations intended to prevent releases of hazardous waste, including:
Failure to maintain and operate the facility to minimize the possibility of a fire, explosion, or unplanned release of hazardous waste.
Failure to monitor pumps and valves to detect potential leaks of hazardous waste.
Failure to maintain required records.
Storage of potentially incompatible hazardous wastes.
“This settlement demonstrates EPA’s commitment to protect communities from releases of hazardous waste,” said David Cozad, director of EPA Region 7’s Enforcement and Compliance Assurance Division. “The Agency is also committed to leveling the playing field for companies that comply with federal law.”
EPA discovered the alleged violations during a February 2022 inspection. In response to EPA’s findings, Cobalt Boats promptly took the necessary steps to return to compliance.
The Resource Conservation and Recovery Act creates the framework for the proper management of hazardous and non-hazardous solid waste.
# # #
Learn more about the Resource Conservation and Recovery Act
Learn more about EPA Region 7
View all Region 7 news releases
Connect with EPA Region 7 on Facebook
Follow us on Twitter: @EPARegion7
Cincinnati CBP Seizes $6.9 Million in Counterfeit High-end Jewelry
CINCINNATI—From December 1-7, U.S. Customs and Border Protection (CBP) officers in Cincinnati were vigilant intercepting 11 shipments containing counterfeit jewelry ahead of the holidays. If the 11 shipments of jewelry--which came from India, Hong…
QB 24-409 2024 Haiti Hope
Commodity:
Apparel as provided for in Chapter 98, Subchapter XX of the Harmonized Tariff Schedule (HTS)
Quota Period:
December 20, 2023, through December 19, 2024
Opening Date:
Wednesday, December 20, 2023
Restraint Level:
313,655,640…
Apparel as provided for in Chapter 98, Subchapter XX of the Harmonized Tariff Schedule (HTS)
Quota Period:
December 20, 2023, through December 19, 2024
Opening Date:
Wednesday, December 20, 2023
Restraint Level:
313,655,640…
EPA settles with two Rhode Island companies for Clean Air Act violations
BOSTON (Dec 18, 2023) – Two Rhode Island-based facilities have agreed to pay penalties to settle claims by the U.S. Environmental Protection Agency (EPA) that they violated federal laws regulating the handling of ammonia at their facilities in Cranston and North Kingstown, R.I. One company agreed to conduct audits at 14 facilities to determine whether their systems meet minimum safety requirements while the other company agreed to evaluate potential risks associated with its location in a hurricane evacuation zone. Anhydrous ammonia is an efficient refrigerant, but managing its use requires care due to the chemical's toxicity.
"EPA's actions underscore the paramount importance of safely managing hazardous substances like anhydrous ammonia. When companies fail to adhere to safety obligations, it jeopardizes safety in our communities, including those historically overburdened by pollution and exposure to harmful chemicals," said EPA New England Regional Administrator David W. Cash. "EPA's mission is rooted in safeguarding all communities from pollution, including chemical releases. These cases vividly illustrate the critical necessity of complying with chemical accident planning, prevention, and mitigation requirements. This is even more critical with the changing climate and the increased vulnerabilities associated with facilities situated in populated or hurricane-prone areas."
Bottling Group, LLC, operating as Pepsi Beverages Company, and CB Manufacturing Company, Inc, a beverage manufacturing and storage company, have agreed to pay a penalty of $96,852 to settle EPA claims that they violated federal laws regulating the handling of ammonia at their facility in Cranston, R.I. The companies have also agreed to conduct audits at the Cranston facility and at 13 other ammonia refrigeration facilities in the corporate family to ensure compliance with minimum safety requirements.
Seafreeze Limited, a fish processing and cold storage company, has agreed to pay a penalty of $122,622 to settle claims by the EPA that it violated federal laws regulating the handling of ammonia at its facility in North Kingstown, R.I. The company has also agreed to update its process hazard review by Feb. 1, 2024, to evaluate potential risks associated with its location in a hurricane evacuation zone.
The Pepsi facility in Cranston, which uses approximately 5,800 pounds of anhydrous ammonia in its refrigeration system, is located in a mixed-use area in two buildings having a combined square footage of 220,000. The manufacturing and warehousing operations run 24 hours a day, six days a week. Within a mile of the facility are numerous residences, a hospital, a prison, several state office buildings, and numerous commercial operations (e.g., a yoga studio, floral distributor, and a plumbing distributor).
During an inspection of the facility, several violations were observed that would fail to minimize the consequences of an accidental release, including inadequate ammonia release alarms inside and outside of the ammonia refrigeration machinery rooms (AMR), no emergency ventilation override switches outside or adjacent to the AMR, pressure release valves discharging horizontally or downwards, putting people at risk of being sprayed with ammonia, and no eyewash and safety showers outside the primary entrance to the AMR.
Seafreeze Limited, which uses approximately 8,700 pounds of anhydrous ammonia in its refrigeration system in North Kingstown, is located immediately adjacent to Narragansett Bay. It is also approximately one-third of a mile from several marinas, one mile from a few homes, and 1.5 miles from an elementary school, a residential neighborhood, and a small airport.
Over the course of six months, Seafreeze experienced what are considered three small releases due to cracks and leaks on facility equipment, all below the reportable quantity of 100 lbs. Following the releases, EPA conducted an inspection of Seafreeze's facility and subsequently notified Seafreeze of the alleged violations under the Clean Air Act: a failure to design and maintain a safe facility, and to minimize consequences of accidental releases that do occur. The company was cooperative and agreed to take the necessary steps to bring its facility into compliance with the Clean Air Act, as well as update its process hazard review to take into consideration its location within a hurricane evacuation zone.
Background
The goal of Section 112(r) of the Clean Air Act is to prevent accidental releases of substances that can cause serious harm to the public and the environment from short-term exposures and to mitigate the severity of releases that do occur. Anhydrous ammonia is an efficient refrigerant with low global warming potential, but it must be handled with care because it is highly corrosive to the skin, eyes, and lungs. Exposure to 300 parts per million is immediately dangerous to life and health. Ammonia is also flammable at certain concentrations and can explode if it is released in an enclosed space with a source of ignition present, or if a vessel containing anhydrous ammonia is exposed to fire.
Steps required under the Clean Air Act's General Duty Clause help prevent accidental releases of extremely hazardous substances and reduce the severity of releases that do occur. Failure of a facility to identify hazards, design and maintain a safe facility, and take steps to limit and mitigate the harm from accidental releases of extremely hazardous substances puts the local population and environment at risk.
More information:
General Duty Clause Fact Sheet
EPA information on the General Duty Clause requirements of Section 112(r) of the Clean Air Act
Overview of Emergency Planning and Community Right-to-Know Act and reporting requirementsEPCRA Quick Reference Fact Sheet(pdf) (183 KB)Guide to EPCRA (pdf) (838 KB)
EPA information on Compliance Assistance Tools and Resources for the Ammonia Refrigeration Sector (pdf) (161 KB)
EPA information on key safety measures for ammonia refrigeration systems
"EPA's actions underscore the paramount importance of safely managing hazardous substances like anhydrous ammonia. When companies fail to adhere to safety obligations, it jeopardizes safety in our communities, including those historically overburdened by pollution and exposure to harmful chemicals," said EPA New England Regional Administrator David W. Cash. "EPA's mission is rooted in safeguarding all communities from pollution, including chemical releases. These cases vividly illustrate the critical necessity of complying with chemical accident planning, prevention, and mitigation requirements. This is even more critical with the changing climate and the increased vulnerabilities associated with facilities situated in populated or hurricane-prone areas."
Bottling Group, LLC, operating as Pepsi Beverages Company, and CB Manufacturing Company, Inc, a beverage manufacturing and storage company, have agreed to pay a penalty of $96,852 to settle EPA claims that they violated federal laws regulating the handling of ammonia at their facility in Cranston, R.I. The companies have also agreed to conduct audits at the Cranston facility and at 13 other ammonia refrigeration facilities in the corporate family to ensure compliance with minimum safety requirements.
Seafreeze Limited, a fish processing and cold storage company, has agreed to pay a penalty of $122,622 to settle claims by the EPA that it violated federal laws regulating the handling of ammonia at its facility in North Kingstown, R.I. The company has also agreed to update its process hazard review by Feb. 1, 2024, to evaluate potential risks associated with its location in a hurricane evacuation zone.
The Pepsi facility in Cranston, which uses approximately 5,800 pounds of anhydrous ammonia in its refrigeration system, is located in a mixed-use area in two buildings having a combined square footage of 220,000. The manufacturing and warehousing operations run 24 hours a day, six days a week. Within a mile of the facility are numerous residences, a hospital, a prison, several state office buildings, and numerous commercial operations (e.g., a yoga studio, floral distributor, and a plumbing distributor).
During an inspection of the facility, several violations were observed that would fail to minimize the consequences of an accidental release, including inadequate ammonia release alarms inside and outside of the ammonia refrigeration machinery rooms (AMR), no emergency ventilation override switches outside or adjacent to the AMR, pressure release valves discharging horizontally or downwards, putting people at risk of being sprayed with ammonia, and no eyewash and safety showers outside the primary entrance to the AMR.
Seafreeze Limited, which uses approximately 8,700 pounds of anhydrous ammonia in its refrigeration system in North Kingstown, is located immediately adjacent to Narragansett Bay. It is also approximately one-third of a mile from several marinas, one mile from a few homes, and 1.5 miles from an elementary school, a residential neighborhood, and a small airport.
Over the course of six months, Seafreeze experienced what are considered three small releases due to cracks and leaks on facility equipment, all below the reportable quantity of 100 lbs. Following the releases, EPA conducted an inspection of Seafreeze's facility and subsequently notified Seafreeze of the alleged violations under the Clean Air Act: a failure to design and maintain a safe facility, and to minimize consequences of accidental releases that do occur. The company was cooperative and agreed to take the necessary steps to bring its facility into compliance with the Clean Air Act, as well as update its process hazard review to take into consideration its location within a hurricane evacuation zone.
Background
The goal of Section 112(r) of the Clean Air Act is to prevent accidental releases of substances that can cause serious harm to the public and the environment from short-term exposures and to mitigate the severity of releases that do occur. Anhydrous ammonia is an efficient refrigerant with low global warming potential, but it must be handled with care because it is highly corrosive to the skin, eyes, and lungs. Exposure to 300 parts per million is immediately dangerous to life and health. Ammonia is also flammable at certain concentrations and can explode if it is released in an enclosed space with a source of ignition present, or if a vessel containing anhydrous ammonia is exposed to fire.
Steps required under the Clean Air Act's General Duty Clause help prevent accidental releases of extremely hazardous substances and reduce the severity of releases that do occur. Failure of a facility to identify hazards, design and maintain a safe facility, and take steps to limit and mitigate the harm from accidental releases of extremely hazardous substances puts the local population and environment at risk.
More information:
General Duty Clause Fact Sheet
EPA information on the General Duty Clause requirements of Section 112(r) of the Clean Air Act
Overview of Emergency Planning and Community Right-to-Know Act and reporting requirementsEPCRA Quick Reference Fact Sheet(pdf) (183 KB)Guide to EPCRA (pdf) (838 KB)
EPA information on Compliance Assistance Tools and Resources for the Ammonia Refrigeration Sector (pdf) (161 KB)
EPA information on key safety measures for ammonia refrigeration systems
EPA Fines Swift Beef Company for Alleged Clean Water Act Violations in Nebraska
LENEXA, KAN. (DEC. 18, 2023) – Beef processor Swift Beef Company will pay $275,000 in civil penalties to resolve alleged violations of the federal Clean Water Act. According to the U.S. Environmental Protection Agency (EPA), the company – a subsidiary of JBS, one of the largest meat processors in the world – failed to comply with Clean Water Act permit limits for numerous pollutants at its facility in Grand Island, Nebraska.
“Unauthorized pollution discharges threaten the health of our nation’s waters and the public use and enjoyment of those waters,” said David Cozad, director of EPA Region 7’s Enforcement and Compliance Assurance Division. “This settlement demonstrates EPA’s commitment to protecting watersheds, especially in areas overburdened by pollution, and creating a level playing field for businesses who are complying with the law.”
In the settlement documents, EPA alleges that Swift Beef Company exceeded permit limits for biochemical oxygen demand, chloride, ammonia, nitrogen, and total suspended solids at least 50 times cumulatively between 2018 and 2023. Suspended solids are fine particles dispersed in water.
In addition to paying the penalty, the company agreed to perform an analysis to determine the root causes of the facility’s Clean Water Act violations and to submit to EPA a compliance work plan to eliminate future violations.
This is not the first time that EPA has fined Swift for violating the Clean Water Act. In 2011, Swift paid a penalty of $1.2 million for violations similar to the ones in this current matter.
EPA identified that the community surrounding Swift Beef Company’s facility was a potentially sensitive location for proximity to hazardous wastes. EPA is strengthening enforcement in such communities to address disproportionately high and adverse human health or environmental effects of industrial operations on vulnerable populations.
Under the Clean Water Act, industrial facilities that discharge into protected water bodies are required to obtain permits and follow the requirements outlined in those permits to reduce pollution runoff. Failure to obtain a permit or follow the requirements of a permit may violate federal law.
# # #
Learn more about EPA’s water enforcement programs
Learn more about EPA Region 7
View all Region 7 news releases
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“Unauthorized pollution discharges threaten the health of our nation’s waters and the public use and enjoyment of those waters,” said David Cozad, director of EPA Region 7’s Enforcement and Compliance Assurance Division. “This settlement demonstrates EPA’s commitment to protecting watersheds, especially in areas overburdened by pollution, and creating a level playing field for businesses who are complying with the law.”
In the settlement documents, EPA alleges that Swift Beef Company exceeded permit limits for biochemical oxygen demand, chloride, ammonia, nitrogen, and total suspended solids at least 50 times cumulatively between 2018 and 2023. Suspended solids are fine particles dispersed in water.
In addition to paying the penalty, the company agreed to perform an analysis to determine the root causes of the facility’s Clean Water Act violations and to submit to EPA a compliance work plan to eliminate future violations.
This is not the first time that EPA has fined Swift for violating the Clean Water Act. In 2011, Swift paid a penalty of $1.2 million for violations similar to the ones in this current matter.
EPA identified that the community surrounding Swift Beef Company’s facility was a potentially sensitive location for proximity to hazardous wastes. EPA is strengthening enforcement in such communities to address disproportionately high and adverse human health or environmental effects of industrial operations on vulnerable populations.
Under the Clean Water Act, industrial facilities that discharge into protected water bodies are required to obtain permits and follow the requirements outlined in those permits to reduce pollution runoff. Failure to obtain a permit or follow the requirements of a permit may violate federal law.
# # #
Learn more about EPA’s water enforcement programs
Learn more about EPA Region 7
View all Region 7 news releases
Connect with EPA Region 7 on Facebook
Follow us on Twitter: @EPARegion7
Federal Partners Celebrate Construction of Centralized Wastewater System and Treatment Facility with City of Camden Point, Missouri
Local, state, and federal officials participate in the groundbreaking event on Dec. 18, 2023, at Camden Point’s future wastewater treatment plant site. From left are: Brandon Jenson, Community Development Block Grant Program manager, Missouri Department of Economic Development; U.S. Department of Housing and Urban Development Region 7 Administrator Ulysses “Deke” Clayborn; U.S. Department of Agriculture Missouri State Director of Rural Development Kyle Wilkens; Camden Point Mayor Gloria Boyer; Dana Skelley, Water Division director, EPA Region 7; and Shawna Barnes, U.S. Department of Agriculture Missouri Rural Development. (Photo credit: U.S. EPA)LENEXA, KAN. (DEC. 18, 2023) – Today, federal partners joined Mayor Gloria Boyer of the City of Camden Point, Missouri, to celebrate the construction of a centralized, sanitary sewer collection system and wastewater treatment facility that will improve the health and well-being of the city’s residents.
The day’s events included a funding recognition ceremony and a groundbreaking event at the city’s future wastewater treatment plant site. Speakers included U.S. Representative Sam Graves (MO-6), U.S. Environmental Protection Agency (EPA) Region 7 Water Division Director Dana Skelley, U.S. Department of Agriculture (USDA) Rural Development’s Missouri State Office Director Kyle Wilkens, and U.S. Department of Housing and Urban Development (HUD) Region 7 Administrator Ulysses “Deke” Clayborn.
"I would like to thank Congressman Graves, USDA, EPA, the Community Development Block Grants program, and many others who have worked tirelessly to make this project happen,” Boyer said. “A special recognition to the past mayor, Mark Wagoner, as well as the City Council who have worked so diligently on this project. And lastly, a special thanks to the residents of Camden Point for their understanding and patience."
The sewer and wastewater treatment project is estimated to cost over $8 million, with funding supplied through EPA, USDA, HUD, revenue bonds, and city funds.
In October, EPA awarded $3,361,707 to the City of Camden Point through the EPA Community Grants Program. Congress appropriates resources for specifically named community water infrastructure projects through this program.
"This is a big day for the City of Camden Point,” Graves said. “While I'm proud to have secured a portion of the funding that's going to be used to build a new sewer system through the congressional appropriations process, I'm also incredibly grateful for the work of Mayor Boyer and so many Camden Point leaders over the years who have worked to make this project a reality. This new infrastructure is critical to supporting the growing community of Camden Point well into the future."
This grant will be used to construct a centralized sanitary sewer system and wastewater treatment facility. It will also be used to decommission septic systems currently used throughout the city, many of which are failing to function as intended.
The sewer system will connect to each of more than 200 households at no cost to the residents and will utilize over 56,000 feet of sewer pipes.
“EPA is thrilled to be celebrating the construction of a wastewater system and treatment facility with Camden Point,” said EPA Region 7 Administrator Meg McCollister. “Clean water is essential, and this project is a powerful example of what can be achieved when federal, state, and local leaders work together to bring resources to communities with the greatest need.”
USDA has provided $4,903,400 toward the project, including two Rural Development Grants totaling $2,371,400 and a Rural Development Loan of $2,532,000.
“Today's groundbreaking is a remarkable example of the partnership between concerned citizens, elected officials, and dedicated government agencies to achieve an essential need for Camden Point," Wilkens said. "As a result, the folks in Camden Point will have a state-of-the-art wastewater system.”
HUD provided $500,000 toward the project through a Community Development Block Grant.
“In 2022, HUD’s Community Development Block Grant program assisted over 39,000 American households through new public improvements, like the wastewater facility here in Camden Point,” Clayborn said. “I am truly impressed by the transformative power of federal agencies like EPA, HUD, and USDA when working together with our state and local partners to modernize and make our nation’s critical infrastructure more resilient.”
The project is expected to last approximately three years, with an anticipated operational date in late 2026.
# # #
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View all Region 7 news releases
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Follow us on Twitter: @EPARegion7
The day’s events included a funding recognition ceremony and a groundbreaking event at the city’s future wastewater treatment plant site. Speakers included U.S. Representative Sam Graves (MO-6), U.S. Environmental Protection Agency (EPA) Region 7 Water Division Director Dana Skelley, U.S. Department of Agriculture (USDA) Rural Development’s Missouri State Office Director Kyle Wilkens, and U.S. Department of Housing and Urban Development (HUD) Region 7 Administrator Ulysses “Deke” Clayborn.
"I would like to thank Congressman Graves, USDA, EPA, the Community Development Block Grants program, and many others who have worked tirelessly to make this project happen,” Boyer said. “A special recognition to the past mayor, Mark Wagoner, as well as the City Council who have worked so diligently on this project. And lastly, a special thanks to the residents of Camden Point for their understanding and patience."
The sewer and wastewater treatment project is estimated to cost over $8 million, with funding supplied through EPA, USDA, HUD, revenue bonds, and city funds.
In October, EPA awarded $3,361,707 to the City of Camden Point through the EPA Community Grants Program. Congress appropriates resources for specifically named community water infrastructure projects through this program.
"This is a big day for the City of Camden Point,” Graves said. “While I'm proud to have secured a portion of the funding that's going to be used to build a new sewer system through the congressional appropriations process, I'm also incredibly grateful for the work of Mayor Boyer and so many Camden Point leaders over the years who have worked to make this project a reality. This new infrastructure is critical to supporting the growing community of Camden Point well into the future."
This grant will be used to construct a centralized sanitary sewer system and wastewater treatment facility. It will also be used to decommission septic systems currently used throughout the city, many of which are failing to function as intended.
The sewer system will connect to each of more than 200 households at no cost to the residents and will utilize over 56,000 feet of sewer pipes.
“EPA is thrilled to be celebrating the construction of a wastewater system and treatment facility with Camden Point,” said EPA Region 7 Administrator Meg McCollister. “Clean water is essential, and this project is a powerful example of what can be achieved when federal, state, and local leaders work together to bring resources to communities with the greatest need.”
USDA has provided $4,903,400 toward the project, including two Rural Development Grants totaling $2,371,400 and a Rural Development Loan of $2,532,000.
“Today's groundbreaking is a remarkable example of the partnership between concerned citizens, elected officials, and dedicated government agencies to achieve an essential need for Camden Point," Wilkens said. "As a result, the folks in Camden Point will have a state-of-the-art wastewater system.”
HUD provided $500,000 toward the project through a Community Development Block Grant.
“In 2022, HUD’s Community Development Block Grant program assisted over 39,000 American households through new public improvements, like the wastewater facility here in Camden Point,” Clayborn said. “I am truly impressed by the transformative power of federal agencies like EPA, HUD, and USDA when working together with our state and local partners to modernize and make our nation’s critical infrastructure more resilient.”
The project is expected to last approximately three years, with an anticipated operational date in late 2026.
# # #
Learn more about EPA Region 7
View all Region 7 news releases
Connect with EPA Region 7 on Facebook
Follow us on Twitter: @EPARegion7
EPA Reaches Settlements Over Clean Air Act Violations at Ports in California and Hawaii
SAN FRANCISCO (December 18, 2023) – The U.S. Environmental Protection Agency (EPA) has entered into settlements with nine companies or individuals regarding claims of violation of the Clean Air Act. The companies and individuals, all based in California or Hawaii, violated the legal ban on importing into the U.S. any motor vehicle, motor vehicle engine, nonroad engine or equipment that does not conform to EPA emission standards and requirements. Uncertified vehicles and engines can emit harmful air pollutants at 30% or more above allowable standards.
"The illegal importing of vehicles and engines circumvents controls put in place to protect us all – and our environment -- from hazardous air pollution,” said EPA Pacific Southwest Regional Administrator Martha Guzman. "These settlements will serve to prevent pollution from unlawful vehicles and engines, helping to improve air quality and prevent asthma and other respiratory and health harms.”
Since 2008, there has been a steady flow of illegally imported uncertified motorcycles, equipment containing small gasoline-powered engines (e.g., generators, mowers, chainsaws, etc.), and recreational vehicles. EPA is working with U.S. Customs to stop such illegal vehicles and engines at ports of entry and require exportation or destruction.
The EPA’s expedited settlement agreement (ESA) policy for the Clean Air Act Vehicle and Engine Import program is an efficient, standardized process to resolve violations by first-time violators in matters with lower penalties.
Details of the nine agreements:
On June 27, 2023, EPA ratified an ESA with PACCAR Inc. for importing one heavy-duty diesel engine at the Port of Calexico, located on the US-Mexico border. The company paid a penalty of $4,545 and, as required, returned the uncertified engine to Mexico. This enforcement initiative was funded by a US-Mexico-Canada Agreement grant to prevent illegal imports from entering the United States through the Southern Border.
On June 27, 2023, EPA ratified an ESA with Dar-Yih David Wu, Shenzhen Senlinyun Technology Co. Ltd. for importing 50 gasoline sweepers at the Port of Los Angeles. The company paid a $2,500 penalty and, as required, exported the uncertified equipment to a country other than Canada or Mexico.
On July 21, 2023, EPA ratified an ESA with One Dreamworks Inc. for importing 480 chainsaws and 30 hedge trimmers at the Port of Los Angeles. The company paid a penalty of $8,018 and, as required, destroyed the uncertified equipment.
On August 15, 2023, EPA ratified an ESA with E-Speed Inc. for importing 40 dirt bikes at the Port of Los Angeles. E-Speed paid a penalty of $3,200 and, as required, destroyed the uncertified equipment.
On September 19, 2023, EPA ratified an ESA with Golden Dragon Farm Inc. for importing one piece of diesel-powered farming equipment at the Port of Honolulu. The company paid a penalty of $800 and forfeited the equipment to U.S. Customs and Border Protection for destruction.
On September 25, 2023, EPA ratified an ESA with Springbrook SGC LLC for importing two highway vehicles at the Port of Los Angeles. The company paid a penalty of $300 and, as required, destroyed the uncertified vehicles.
On October 31, 2023, EPA ratified an ESA with Eddie Hardister for importing one gasoline plate vibrating machine engine at the Port of Honolulu. Eddie Hardister paid a penalty of $140 and forfeited the engine to U.S. Customs and Border Protection for destruction.
On November 1, 2023, EPA ratified an ESA with KCK Builders LLC for importing one gasoline forklift at the Port of Honolulu. The company paid a penalty of $2,860 and forfeited the engine to U.S Customs and Border Protection.
On November 1, 2023, EPA ratified an ESA with Pro Motion Racing Productions Inc. for importing 92 gasoline engines intended to be used in uncertified, ridable scooters into the Port of Los Angeles. The company paid a penalty of $2,583 and U.S. Customs and Border Protection facilitated the re-export of the engines.
The denial of entry into the United States of these uncertified engines resulted in the prevention of 21,495 pounds of hydrocarbons and nitrogen oxides, 736 pounds of particulate matter, and 51,139 pounds of carbon monoxide. Hydrocarbons and nitrogen oxide react with other chemicals in the air to form both particulate matter and ozone, and can aggravate respiratory diseases, particularly asthma.
Read more about the EPA’s Expedited Settlement Agreement National Program for Clean Air Act Vehicle and Engine Violations - Imports
Learn about the EPA basics on enforcement and the Clean Air Act.
Learn more about EPA’s Pacific Southwest Region. Connect with us on Facebook and on X.
"The illegal importing of vehicles and engines circumvents controls put in place to protect us all – and our environment -- from hazardous air pollution,” said EPA Pacific Southwest Regional Administrator Martha Guzman. "These settlements will serve to prevent pollution from unlawful vehicles and engines, helping to improve air quality and prevent asthma and other respiratory and health harms.”
Since 2008, there has been a steady flow of illegally imported uncertified motorcycles, equipment containing small gasoline-powered engines (e.g., generators, mowers, chainsaws, etc.), and recreational vehicles. EPA is working with U.S. Customs to stop such illegal vehicles and engines at ports of entry and require exportation or destruction.
The EPA’s expedited settlement agreement (ESA) policy for the Clean Air Act Vehicle and Engine Import program is an efficient, standardized process to resolve violations by first-time violators in matters with lower penalties.
Details of the nine agreements:
On June 27, 2023, EPA ratified an ESA with PACCAR Inc. for importing one heavy-duty diesel engine at the Port of Calexico, located on the US-Mexico border. The company paid a penalty of $4,545 and, as required, returned the uncertified engine to Mexico. This enforcement initiative was funded by a US-Mexico-Canada Agreement grant to prevent illegal imports from entering the United States through the Southern Border.
On June 27, 2023, EPA ratified an ESA with Dar-Yih David Wu, Shenzhen Senlinyun Technology Co. Ltd. for importing 50 gasoline sweepers at the Port of Los Angeles. The company paid a $2,500 penalty and, as required, exported the uncertified equipment to a country other than Canada or Mexico.
On July 21, 2023, EPA ratified an ESA with One Dreamworks Inc. for importing 480 chainsaws and 30 hedge trimmers at the Port of Los Angeles. The company paid a penalty of $8,018 and, as required, destroyed the uncertified equipment.
On August 15, 2023, EPA ratified an ESA with E-Speed Inc. for importing 40 dirt bikes at the Port of Los Angeles. E-Speed paid a penalty of $3,200 and, as required, destroyed the uncertified equipment.
On September 19, 2023, EPA ratified an ESA with Golden Dragon Farm Inc. for importing one piece of diesel-powered farming equipment at the Port of Honolulu. The company paid a penalty of $800 and forfeited the equipment to U.S. Customs and Border Protection for destruction.
On September 25, 2023, EPA ratified an ESA with Springbrook SGC LLC for importing two highway vehicles at the Port of Los Angeles. The company paid a penalty of $300 and, as required, destroyed the uncertified vehicles.
On October 31, 2023, EPA ratified an ESA with Eddie Hardister for importing one gasoline plate vibrating machine engine at the Port of Honolulu. Eddie Hardister paid a penalty of $140 and forfeited the engine to U.S. Customs and Border Protection for destruction.
On November 1, 2023, EPA ratified an ESA with KCK Builders LLC for importing one gasoline forklift at the Port of Honolulu. The company paid a penalty of $2,860 and forfeited the engine to U.S Customs and Border Protection.
On November 1, 2023, EPA ratified an ESA with Pro Motion Racing Productions Inc. for importing 92 gasoline engines intended to be used in uncertified, ridable scooters into the Port of Los Angeles. The company paid a penalty of $2,583 and U.S. Customs and Border Protection facilitated the re-export of the engines.
The denial of entry into the United States of these uncertified engines resulted in the prevention of 21,495 pounds of hydrocarbons and nitrogen oxides, 736 pounds of particulate matter, and 51,139 pounds of carbon monoxide. Hydrocarbons and nitrogen oxide react with other chemicals in the air to form both particulate matter and ozone, and can aggravate respiratory diseases, particularly asthma.
Read more about the EPA’s Expedited Settlement Agreement National Program for Clean Air Act Vehicle and Engine Violations - Imports
Learn about the EPA basics on enforcement and the Clean Air Act.
Learn more about EPA’s Pacific Southwest Region. Connect with us on Facebook and on X.
EPA’s Annual Enforcement Results Shows Significant Increase in Enforcement Activity to Protect Communities from Pollution
Today, the U.S. Environmental Protection Agency announced its Fiscal Year 2023 (FY 2023) Enforcement and Compliance Annual Results, which showed significant increases in on-site inspections, new criminal investigations, civil settlements, and cleanup enforcement, as well as record levels of enforcement activity in environmental justice communities long scarred by pollution.
In FY 2023, EPA’s enforcement and compliance program focused on addressing 21st century environmental challenges like climate change, environmental justice, and PFAS, while adding approximately 300 new positions to reinvigorate an enforcement program that had suffered more than a decade of budget cuts that eliminated approximately 950 positions.
“In 2023, EPA moved decisively to focus our enforcement and compliance program on the Nation’s most significant environmental threats and to increase our efforts to hold all polluters accountable,” said David M. Uhlmann, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “While our work is not complete, EPA’s revitalized enforcement program is making a positive difference in communities across America, particularly for people living in underserved and overburdened communities that for too long have borne the brunt of pollution. From helping ensure that our children can drink safe water to improving the air we all breathe, EPA is delivering on the promise of America’s environmental laws.”
EPA’s enforcement and compliance program made significant progress in efforts to support communities with environmental justice concerns. The Agency’s FY 2022-2026 Strategic Plan set a goal to increase the percentage of annual on-site inspections in environmental justice communities from 30 to 55 percent by FY 2026. In FY 2023, EPA surpassed that goal three years ahead of schedule, achieving 60% of onsite inspections in communities overburdened with pollution. More than half of its civil settlements were in those communities as well.
To better address the defining environmental threat of this time, climate change, EPA launched its “Climate Enforcement and Compliance Strategy” that directs all EPA enforcement and compliance offices to address climate change in criminal, civil, federal facilities, and cleanup enforcement actions. For the first time ever, the climate strategy requires EPA to pursue climate mitigation, adaptation, and resiliency whenever possible in its enforcement actions and compliance assurance programs.
EPA also issued a set of six national enforcement and compliance initiatives to focus and coordinate resources across the country on leading environmental challenges and threats, including the first ever national initiatives on climate change, the forever-chemicals per- and polyfluoroalkyl substances (PFAS), and contamination from coal ash facilities.
Additional highlights of our accomplishments this past year include:
Conducted more on-site inspections in FY 2023 than since before the pandemic, with 60% in communities with environmental justice concerns.
Opened 199 criminal investigations in FY 2023, an increase of 70% over FY 2022. Concluded 1,789 civil settlements, over 150 more than in FY 2022. Over 55% of the cases address facilities in communities with potential EJ concerns, the highest percentage since FY 2014.
EPA’s FY 2023 enforcement and compliance work resulted in the reduction, treatment, elimination, or minimization of 1.84 billion pounds of pollutants, and required violators to pay over $704 million in penalties, fines, and restitution, which is a 57% increase over FY 2022.
Obtained approximately $1.1 billion from Superfund cleanup and cost recovery settlement agreements and recovery of past and future costs. This brings the total value of the Agency’s Superfund enforcement actions, since inception of the program in 1980, to $50 billion to address contamination at more than 3,900 Superfund sites across the country.
Issued 203 Safe Drinking Water Act orders to public water systems which collectively protected more than 1.9 million people. Eight of the 203 orders were emergency orders to protect almost 2,000 individuals in small, overburdened communities with drinking water that did not meet federal health standards.
Conducted 160 on-site inspections at public water systems (PWS) in FY 2023, which is 90% more than the prior 10-year average. The resulting 150 cases to correct PWS violations in FY 2023 is an increase of more than 300% over the prior 10-year average.
To learn more about EPA’s FY 2023 enforcement and compliance accomplishments, including case highlights, visit EPA’s Enforcement and Compliance Annual Results for Fiscal Year 2023 website.
Members of the public can help protect our environment by identifying and reporting environmental violations. Learn more at EPA’s Report Environmental Violations web page.
In FY 2023, EPA’s enforcement and compliance program focused on addressing 21st century environmental challenges like climate change, environmental justice, and PFAS, while adding approximately 300 new positions to reinvigorate an enforcement program that had suffered more than a decade of budget cuts that eliminated approximately 950 positions.
“In 2023, EPA moved decisively to focus our enforcement and compliance program on the Nation’s most significant environmental threats and to increase our efforts to hold all polluters accountable,” said David M. Uhlmann, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “While our work is not complete, EPA’s revitalized enforcement program is making a positive difference in communities across America, particularly for people living in underserved and overburdened communities that for too long have borne the brunt of pollution. From helping ensure that our children can drink safe water to improving the air we all breathe, EPA is delivering on the promise of America’s environmental laws.”
EPA’s enforcement and compliance program made significant progress in efforts to support communities with environmental justice concerns. The Agency’s FY 2022-2026 Strategic Plan set a goal to increase the percentage of annual on-site inspections in environmental justice communities from 30 to 55 percent by FY 2026. In FY 2023, EPA surpassed that goal three years ahead of schedule, achieving 60% of onsite inspections in communities overburdened with pollution. More than half of its civil settlements were in those communities as well.
To better address the defining environmental threat of this time, climate change, EPA launched its “Climate Enforcement and Compliance Strategy” that directs all EPA enforcement and compliance offices to address climate change in criminal, civil, federal facilities, and cleanup enforcement actions. For the first time ever, the climate strategy requires EPA to pursue climate mitigation, adaptation, and resiliency whenever possible in its enforcement actions and compliance assurance programs.
EPA also issued a set of six national enforcement and compliance initiatives to focus and coordinate resources across the country on leading environmental challenges and threats, including the first ever national initiatives on climate change, the forever-chemicals per- and polyfluoroalkyl substances (PFAS), and contamination from coal ash facilities.
Additional highlights of our accomplishments this past year include:
Conducted more on-site inspections in FY 2023 than since before the pandemic, with 60% in communities with environmental justice concerns.
Opened 199 criminal investigations in FY 2023, an increase of 70% over FY 2022. Concluded 1,789 civil settlements, over 150 more than in FY 2022. Over 55% of the cases address facilities in communities with potential EJ concerns, the highest percentage since FY 2014.
EPA’s FY 2023 enforcement and compliance work resulted in the reduction, treatment, elimination, or minimization of 1.84 billion pounds of pollutants, and required violators to pay over $704 million in penalties, fines, and restitution, which is a 57% increase over FY 2022.
Obtained approximately $1.1 billion from Superfund cleanup and cost recovery settlement agreements and recovery of past and future costs. This brings the total value of the Agency’s Superfund enforcement actions, since inception of the program in 1980, to $50 billion to address contamination at more than 3,900 Superfund sites across the country.
Issued 203 Safe Drinking Water Act orders to public water systems which collectively protected more than 1.9 million people. Eight of the 203 orders were emergency orders to protect almost 2,000 individuals in small, overburdened communities with drinking water that did not meet federal health standards.
Conducted 160 on-site inspections at public water systems (PWS) in FY 2023, which is 90% more than the prior 10-year average. The resulting 150 cases to correct PWS violations in FY 2023 is an increase of more than 300% over the prior 10-year average.
To learn more about EPA’s FY 2023 enforcement and compliance accomplishments, including case highlights, visit EPA’s Enforcement and Compliance Annual Results for Fiscal Year 2023 website.
Members of the public can help protect our environment by identifying and reporting environmental violations. Learn more at EPA’s Report Environmental Violations web page.