Biden-Harris Administration Announces $2 Billion to Fund Environmental and Climate Justice Community Change Grants as Part of Investing in America Agenda
WASHINGTON — Today, the Biden-Harris administration announced approximately $2 billion in funding available to support community-driven projects that deploy clean energy, strengthen climate resilience, and build capacity for communities to tackle environmental and climate justice challenges. The U.S. Environmental Protection Agency’s (EPA’s) Community Change Grants are the single largest investment in environmental justice going directly to communities in history, and will advance collaborative efforts to achieve a healthier, safer, and more prosperous future for all. These funds, part of President Biden’s Investing in America agenda, are made possible by the President’s Inflation Reduction Act—the biggest-ever investment in clean energy and climate action.
“Throughout my Journey to Justice tour, I’ve heard from residents and advocates calling for resources to support local solutions in communities that have long been overlooked and forgotten,” said EPA Administrator Michael S. Regan. “Today, thanks to President Biden’s commitment to investing in communities that have long struggled to access federal funding, we are delivering on these calls to action. This historic, unprecedented funding has the promise to turn disadvantaged and overburdened areas into healthy, resilient, and thriving communities for current and future generations.”
“For far too long, communities that have borne the brunt of power plant and industrial pollution have been left out and left behind,” said John Podesta, Senior Advisor to the President for Clean Energy Innovation and Implementation. “The Inflation Reduction Act and President Biden’s Justice40 initiative change that by bringing new investment, clean energy, and good-paying jobs to disadvantaged communities.”
“President Biden is leading a whole-of-government effort to confront longstanding environmental injustices and inequities,” said White House Council on Environmental Quality Chair Brenda Mallory. “Thanks to this historic funding covered under the President’s Justice40 Initiative, we are investing in locally-driven solutions to make a positive difference for communities that have suffered from pollution, underinvestment, and decades of disproportionate environmental impacts. Investments like these show how we are delivering on the President’s ambitious environmental justice agenda and his commitment to build more equitable and resilient communities for generations to come.”
The Community Change Grants deliver on President Biden's historic commitment to advance equity and justice, including his Justice40 Initiative. The Community Change Grants will deliver 100 percent of the benefits of this program to disadvantaged communities that are marginalized by underinvestment and overburdened by pollution. This program also dedicates $200 million of Inflation Reduction Act funding to provide technical assistance to applicants and grant recipients, which will enhance the ability of disadvantaged communities to access resources for environmental and climate justice activities.
The activities to be performed under the grants are expected to fall under the following categories:
Climate resiliency and adaptation.
Mitigating climate and health risks from urban heat islands, extreme heat, wood heater emissions, and wildfire events.
Community-led air and other (including water and waste) pollution monitoring, prevention, and remediation.
Investments in low- and zero-emission and resilient technologies and related infrastructure.
Workforce development that supports the reduction of greenhouse gas emissions and other air pollutants.
Reducing indoor toxics and indoor air pollution.
Facilitating the engagement of disadvantaged communities in state and federal advisory groups, workshops, rulemakings, and other public processes.
The Community Change Grants Notice of Funding Opportunity (NOFO), administered through the Office of Environmental Justice and External Civil Rights (OEJECR), has several unique characteristics to advance environmental and climate justice, many of which are responsive to feedback and input the agency has heard from communities. These include:
Rolling Applications: The NOFO will be open for a year, closing on November 21, 2024, and EPA will review applications on a rolling basis. This allows applicants to utilize technical assistance and possibly resubmit a new application if not initially selected. EPA encourages applicants to apply as early as possible.
Two-track Submission Processes: Applications can be submitted under two separate tracks depending on the project scope and funding requested.
Track I, Community-Driven Investments for Change, is expected to award approximately $1.96 billion for 150 projects for $10-20 million each.
Track II, Meaningful Engagement for Equitable Governance, is expected to award approximately $40 million for 20 projects for $1-3 million each.
Oral Presentations: Track I applicants may also be invited to participate in an oral presentation. These oral presentations will enable EPA reviewers to hear directly from the applicants and their partners to learn more about community priorities, desired outcomes, and plans for long-term sustainability. This new format is responsive to community requests to engage with EPA in more accessible ways.
Target Investment Areas: Out of the $2 billion in funding, EPA has identified five Target Investment Areas (TIA) to help ensure that communities with unique circumstances, geography, and needs can equitably compete for funding. These are:
Tribes in Alaska: $150 million for projects benefitting Indian Tribes in Alaska including funds for cleanup of contaminated lands.
Tribes: $300 million for projects benefitting Tribal communities in the other states.
Territories: $50 million for projects benefitting disadvantaged communities in the United States’ territories of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.
Disadvantaged Unincorporated Communities: $50 million for projects benefitting small and rural areas that lack fixed, legally determined geographic boundaries, such as Colonias.
U.S.-Southern Border Communities: Consistent with EPA’s longstanding commitment to addressing transborder pollution challenges, $100 million for projects benefitting non-Tribal disadvantaged communities within 100 kilometers north of the U.S.-Mexico border.
Technical Assistance: The $200 million for technical assistance is available in direct response to feedback from communities and environmental justice leaders who have long called for capacity building support for communities and their partners as they work to access critical federal resources. With this funding, there are two TA programs dedicated for the Community Change Grants. Applicants can learn more about, and express interest in, the technical assistance on EPA’s Community Change Grants Technical Assistance webpage.
Read the Community Change Grants NOFO.
OEJECR will also host multiple informational webinars while the NOFO is open, with the first being held on December 7, 2023. These webinars will address questions, and some may facilitate the formation of partnerships and information sharing. More information on upcoming webinars can be found on EPA’s Inflation Reduction Act Community Change Grants Program webpage.
Learn more about environmental justice at EPA
Learn more about Inflation Reduction funding at EPA
For up-to-date information about the NOFO, including information on the webinars, subscribe to the Office of Environmental Justice and External Civil Rights’ listserv by sending a blank email to: join-epa-ej@lists.epa.gov. Follow OEJECR on X (formerly Twitter): @EPAEnvJustice.
Background
The Inflation Reduction Act (IRA) created the Environmental and Climate Justice Program, the largest investment in environmental and climate justice in U.S. history when it was signed into law by President Biden on August 16, 2022. Under this program, EPA was provided $3 billion to award grants and fund related technical assistance to benefit disadvantaged communities.
Earlier in 2023, EPA issued a Request for Information, held a dedicated consultation with EPA’s National Environmental Justice Advisory Council, and hosted multiple webinars to gain public input on innovative strategies and approaches for competition design, community engagement, equitable distribution of financial resources, grantee eligibility for funding, capacity-building and outreach, and more. This feedback was crucial in designing key elements of the Community Change Grants and this NOFO, including the Target Investment Areas, incorporating oral presentations, the rolling application period, and more. EPA thanks everyone for their incredibly valuable time and input, which ensured the creation of a more inclusive and accessible grant program.
“Throughout my Journey to Justice tour, I’ve heard from residents and advocates calling for resources to support local solutions in communities that have long been overlooked and forgotten,” said EPA Administrator Michael S. Regan. “Today, thanks to President Biden’s commitment to investing in communities that have long struggled to access federal funding, we are delivering on these calls to action. This historic, unprecedented funding has the promise to turn disadvantaged and overburdened areas into healthy, resilient, and thriving communities for current and future generations.”
“For far too long, communities that have borne the brunt of power plant and industrial pollution have been left out and left behind,” said John Podesta, Senior Advisor to the President for Clean Energy Innovation and Implementation. “The Inflation Reduction Act and President Biden’s Justice40 initiative change that by bringing new investment, clean energy, and good-paying jobs to disadvantaged communities.”
“President Biden is leading a whole-of-government effort to confront longstanding environmental injustices and inequities,” said White House Council on Environmental Quality Chair Brenda Mallory. “Thanks to this historic funding covered under the President’s Justice40 Initiative, we are investing in locally-driven solutions to make a positive difference for communities that have suffered from pollution, underinvestment, and decades of disproportionate environmental impacts. Investments like these show how we are delivering on the President’s ambitious environmental justice agenda and his commitment to build more equitable and resilient communities for generations to come.”
The Community Change Grants deliver on President Biden's historic commitment to advance equity and justice, including his Justice40 Initiative. The Community Change Grants will deliver 100 percent of the benefits of this program to disadvantaged communities that are marginalized by underinvestment and overburdened by pollution. This program also dedicates $200 million of Inflation Reduction Act funding to provide technical assistance to applicants and grant recipients, which will enhance the ability of disadvantaged communities to access resources for environmental and climate justice activities.
The activities to be performed under the grants are expected to fall under the following categories:
Climate resiliency and adaptation.
Mitigating climate and health risks from urban heat islands, extreme heat, wood heater emissions, and wildfire events.
Community-led air and other (including water and waste) pollution monitoring, prevention, and remediation.
Investments in low- and zero-emission and resilient technologies and related infrastructure.
Workforce development that supports the reduction of greenhouse gas emissions and other air pollutants.
Reducing indoor toxics and indoor air pollution.
Facilitating the engagement of disadvantaged communities in state and federal advisory groups, workshops, rulemakings, and other public processes.
The Community Change Grants Notice of Funding Opportunity (NOFO), administered through the Office of Environmental Justice and External Civil Rights (OEJECR), has several unique characteristics to advance environmental and climate justice, many of which are responsive to feedback and input the agency has heard from communities. These include:
Rolling Applications: The NOFO will be open for a year, closing on November 21, 2024, and EPA will review applications on a rolling basis. This allows applicants to utilize technical assistance and possibly resubmit a new application if not initially selected. EPA encourages applicants to apply as early as possible.
Two-track Submission Processes: Applications can be submitted under two separate tracks depending on the project scope and funding requested.
Track I, Community-Driven Investments for Change, is expected to award approximately $1.96 billion for 150 projects for $10-20 million each.
Track II, Meaningful Engagement for Equitable Governance, is expected to award approximately $40 million for 20 projects for $1-3 million each.
Oral Presentations: Track I applicants may also be invited to participate in an oral presentation. These oral presentations will enable EPA reviewers to hear directly from the applicants and their partners to learn more about community priorities, desired outcomes, and plans for long-term sustainability. This new format is responsive to community requests to engage with EPA in more accessible ways.
Target Investment Areas: Out of the $2 billion in funding, EPA has identified five Target Investment Areas (TIA) to help ensure that communities with unique circumstances, geography, and needs can equitably compete for funding. These are:
Tribes in Alaska: $150 million for projects benefitting Indian Tribes in Alaska including funds for cleanup of contaminated lands.
Tribes: $300 million for projects benefitting Tribal communities in the other states.
Territories: $50 million for projects benefitting disadvantaged communities in the United States’ territories of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.
Disadvantaged Unincorporated Communities: $50 million for projects benefitting small and rural areas that lack fixed, legally determined geographic boundaries, such as Colonias.
U.S.-Southern Border Communities: Consistent with EPA’s longstanding commitment to addressing transborder pollution challenges, $100 million for projects benefitting non-Tribal disadvantaged communities within 100 kilometers north of the U.S.-Mexico border.
Technical Assistance: The $200 million for technical assistance is available in direct response to feedback from communities and environmental justice leaders who have long called for capacity building support for communities and their partners as they work to access critical federal resources. With this funding, there are two TA programs dedicated for the Community Change Grants. Applicants can learn more about, and express interest in, the technical assistance on EPA’s Community Change Grants Technical Assistance webpage.
Read the Community Change Grants NOFO.
OEJECR will also host multiple informational webinars while the NOFO is open, with the first being held on December 7, 2023. These webinars will address questions, and some may facilitate the formation of partnerships and information sharing. More information on upcoming webinars can be found on EPA’s Inflation Reduction Act Community Change Grants Program webpage.
Learn more about environmental justice at EPA
Learn more about Inflation Reduction funding at EPA
For up-to-date information about the NOFO, including information on the webinars, subscribe to the Office of Environmental Justice and External Civil Rights’ listserv by sending a blank email to: join-epa-ej@lists.epa.gov. Follow OEJECR on X (formerly Twitter): @EPAEnvJustice.
Background
The Inflation Reduction Act (IRA) created the Environmental and Climate Justice Program, the largest investment in environmental and climate justice in U.S. history when it was signed into law by President Biden on August 16, 2022. Under this program, EPA was provided $3 billion to award grants and fund related technical assistance to benefit disadvantaged communities.
Earlier in 2023, EPA issued a Request for Information, held a dedicated consultation with EPA’s National Environmental Justice Advisory Council, and hosted multiple webinars to gain public input on innovative strategies and approaches for competition design, community engagement, equitable distribution of financial resources, grantee eligibility for funding, capacity-building and outreach, and more. This feedback was crucial in designing key elements of the Community Change Grants and this NOFO, including the Target Investment Areas, incorporating oral presentations, the rolling application period, and more. EPA thanks everyone for their incredibly valuable time and input, which ensured the creation of a more inclusive and accessible grant program.
EPA Announces $92 Million WIFIA Loan to Santa Clara Valley Water District
SAN FRANCISCO – Today, the U.S. Environmental Protection Agency (EPA) announced a $92 million Water Infrastructure Finance and Innovation Act (WIFIA) loan to the Santa Clara Valley Water District in California. EPA’s loan will support planning and design work to increase long-term water storage capacity and strengthen drought resilience in the Santa Clara Valley. Earlier this year, EPA announced $115 million in WIFIA financing to the District to bolster water infrastructure resiliency, including preparing for a seismic retrofit of Anderson Dam.
Since its creation, EPA’s WIFIA program has announced $19 billion in financing to support more than 110 projects that are strengthening drinking water, wastewater, and stormwater infrastructure while creating over 135,000 jobs.
“Climate stress is often experienced as water stress—especially in drought prone regions of the country. EPA is committed to helping the Santa Clara Valley Water District and communities across the country design and build climate-resilient water infrastructure,” said EPA Assistant Administrator for Water Radhika Fox. “Through WIFIA and with $50 billion for water infrastructure through the Bipartisan Infrastructure Law, EPA is investing in communities across the nation to meet their unique needs while advancing President Biden’s Investing in America Agenda.”
The WIFIA program offers planning and design loans to provide low-cost financing to support project development activities so that borrowers can identify preferred options for complicated water infrastructure projects. By financing their planning activities with a WIFIA loan, Santa Clara Valley Water District will save approximately $40 million and create approximately 600 jobs.
“We are incredibly grateful to receive another loan from the WIFIA program,” said Valley Water Board Chair John L. Varela. “These loans reflect the commitment from federal lawmakers to invest in our nation’s water infrastructure and allow Valley Water to finance major projects in a cost-efficient manner.”
The Santa Clara Valley Water District’s Pacheco Reservoir Expansion Planning and Design Project will assess options to address long-term water storage capacity concerns for customers. The district will utilize WIFIA financing to conduct planning, design, and environmental analyses. The District will also complete soil and geological analyses needed as part of their comprehensive planning and design process. Through this WIFIA financing, the District will evaluate alternatives and complete the planning and design for the complex Pacheco Reservoir Expansion project.
Learn more about EPA’s WIFIA Program and water infrastructure investments under the Bipartisan Infrastructure Law.
Background
Established by the Water Infrastructure Finance and Innovation Act of 2014, the WIFIA program is a federal loan program administered by EPA. The WIFIA program’s aim is to accelerate investment in the nation’s water infrastructure by providing long-term, low-cost supplemental credit assistance for regionally and nationally significant projects. The WIFIA program has an active pipeline of pending applications for projects that will result in billions of dollars in water infrastructure investment and thousands of jobs.
EPA recently made the 7th round of WIFIA financing available and is currently accepting letters of interest for WIFIA and SWIFIA loans. $6.5 billion is available through WIFIA, and $1 billion is available through SWIFIA, which is a loan program exclusively for State infrastructure financing authority borrowers. EPA is currently accepting letters of interest for WIFIA and SWIFIA loans. Learn more about submitting a letter of interest for a WIFIA loan.In addition to WIFIA loans, there are many federal funding resources available for communities and utilities to improve vital water and wastewater resources. President Biden’s Bipartisan Infrastructure Law is a once-in-a-generation investment in our nation’s infrastructure and competitiveness. The Bipartisan Infrastructure Law provides a historic $50 billion investment in upgrading critical water, wastewater, and stormwater infrastructure.
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Since its creation, EPA’s WIFIA program has announced $19 billion in financing to support more than 110 projects that are strengthening drinking water, wastewater, and stormwater infrastructure while creating over 135,000 jobs.
“Climate stress is often experienced as water stress—especially in drought prone regions of the country. EPA is committed to helping the Santa Clara Valley Water District and communities across the country design and build climate-resilient water infrastructure,” said EPA Assistant Administrator for Water Radhika Fox. “Through WIFIA and with $50 billion for water infrastructure through the Bipartisan Infrastructure Law, EPA is investing in communities across the nation to meet their unique needs while advancing President Biden’s Investing in America Agenda.”
The WIFIA program offers planning and design loans to provide low-cost financing to support project development activities so that borrowers can identify preferred options for complicated water infrastructure projects. By financing their planning activities with a WIFIA loan, Santa Clara Valley Water District will save approximately $40 million and create approximately 600 jobs.
“We are incredibly grateful to receive another loan from the WIFIA program,” said Valley Water Board Chair John L. Varela. “These loans reflect the commitment from federal lawmakers to invest in our nation’s water infrastructure and allow Valley Water to finance major projects in a cost-efficient manner.”
The Santa Clara Valley Water District’s Pacheco Reservoir Expansion Planning and Design Project will assess options to address long-term water storage capacity concerns for customers. The district will utilize WIFIA financing to conduct planning, design, and environmental analyses. The District will also complete soil and geological analyses needed as part of their comprehensive planning and design process. Through this WIFIA financing, the District will evaluate alternatives and complete the planning and design for the complex Pacheco Reservoir Expansion project.
Learn more about EPA’s WIFIA Program and water infrastructure investments under the Bipartisan Infrastructure Law.
Background
Established by the Water Infrastructure Finance and Innovation Act of 2014, the WIFIA program is a federal loan program administered by EPA. The WIFIA program’s aim is to accelerate investment in the nation’s water infrastructure by providing long-term, low-cost supplemental credit assistance for regionally and nationally significant projects. The WIFIA program has an active pipeline of pending applications for projects that will result in billions of dollars in water infrastructure investment and thousands of jobs.
EPA recently made the 7th round of WIFIA financing available and is currently accepting letters of interest for WIFIA and SWIFIA loans. $6.5 billion is available through WIFIA, and $1 billion is available through SWIFIA, which is a loan program exclusively for State infrastructure financing authority borrowers. EPA is currently accepting letters of interest for WIFIA and SWIFIA loans. Learn more about submitting a letter of interest for a WIFIA loan.In addition to WIFIA loans, there are many federal funding resources available for communities and utilities to improve vital water and wastewater resources. President Biden’s Bipartisan Infrastructure Law is a once-in-a-generation investment in our nation’s infrastructure and competitiveness. The Bipartisan Infrastructure Law provides a historic $50 billion investment in upgrading critical water, wastewater, and stormwater infrastructure.
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EPA Announces $150 Million to Fund Environmental and Climate Justice Community Change Grants for Alaska Native Villages
SEATTLE (Nov. 21, 2023) — Today, the U.S. Environmental Protection Agency announced approximately $2 billion in funding available to support community-driven projects that deploy clean energy, strengthen climate resilience, and build capacity for communities to tackle environmental and climate justice challenges. An estimated $150 million of this funding has been dedicated to fund projects benefitting federally recognized Tribes in Alaska. Community Change Grants are the single largest investment in environmental justice going directly to communities in history, and will advance collaborative efforts to achieve a healthier, safer, and more prosperous future for all. These funds, part of President Biden’s Investing in America agenda, are made possible by the President’s Inflation Reduction Act—the biggest-ever investment in clean energy and climate action.
In August, Administrator Regan traveled to Alaska during the fourth leg of his Journey to Justice Tour to spotlight environmental justice concerns of Alaska Native tribes and discuss how EPA can support community solutions with unprecedented federal resources from President Biden’s Investing in America agenda. The Administrator met with tribal leaders and indigenous stakeholders to hear first-hand about challenges with climate impacts and adaptation, subsistence foods security, water infrastructure and security, contaminated lands and how these environmental challenges impact their way of life and culture.
“Throughout my Journey to Justice tour, I’ve heard from residents and advocates calling for resources to support local solutions in communities that have long been overlooked and forgotten,” said EPA Administrator Michael S. Regan. “Today, thanks to President Biden’s commitment to investing in communities that have long struggled to access federal funding, we are delivering on these calls to action. This historic, unprecedented funding has the promise to turn disadvantaged and overburdened areas into healthy, resilient, and thriving communities for current and future generations.”
“Alaska Native communities rely on the lands they received under ANCSA, but unfortunately, far too many continue to deal with harmful contaminants that remain from the federal government. These contaminated lands are nothing short of an environmental injustice—and that’s why I’m so glad to see after years of work, $150 million in additional funding is going to support cleanup on ANCSA lands,” said Senator Lisa Murkowski. “This funding will help to fulfill the demands of Alaskans by addressing the issue of contaminated lands and help create new jobs. I encourage all eligible Alaska Tribes and communities to apply for available funding—let’s get to work to end this injustice.”
“I am glad to see this dedication of at least $150 million to address contaminated lands, pollution reduction, and climate adaptation in Alaska,” said Representative Mary Peltola. “This is an important step in improving the quality of life of many Alaska Native communities, including those who have been dealing with contaminated lands left behind by the federal government for decades. Supporting these communities in their efforts to raise awareness of this issue has long been a priority of the Alaska Delegation, and we will continue to advocate for long term solutions as well as monitor these program funds to make sure the federal government is keeping the promises it made to Alaska Natives.”
“We are excited for this unprecedented opportunity to match federal resources to support community-led solutions to tackle climate and environmental justice challenges in Alaska Native communities,” said EPA Region 10 Administrator Casey Sixkiller. “This targeted funding will help Alaska Native Corporations, Tribes, and Tribal organizations address climate impacts and adaptation, subsistence foods security, water and energy infrastructure, and other environmental threats that impact their way of life and culture.”
The Community Change Grants Notice of Funding Opportunity is administered through the Office of Environmental Justice and External Civil Rights. Out of the $2 billion in funding, EPA has identified Target Investment Areas to help ensure that communities with unique circumstances, geography, and needs can equitably compete for funding. This includes an estimated $150 million for projects benefitting federally recognized Tribes in Alaska, and an estimated $300 million for projects benefitting Tribal communities in the U.S. outside of Alaska.
EPA is accepting applications through this Targeted Investment Area that include projects:
Focused on the clean-up of contaminated lands conveyed through the Alaska Native Claims Settlement Act (ANCSA). ANCSA was enacted in 1971 to settle claims to public lands through the conveyance of 46 million acres of land to Alaska Native regional and village corporations. Many of the lands promised and conveyed to corporations pursuant to the settlement in ANCSA were contaminated and pose health and other concerns to Indigenous Alaskans and communities, negatively impacting subsistence resources and hampering cultural, social, and economic activities.
Focused on other forms of pollution reduction. These include indoor air quality, outdoor air quality, clean water infrastructure, and the safe management and disposal of hazardous waste.
Focused on Alaska-specific climate action strategies. These include community energy resilience, improving human health and climate resilience, permafrost degradation management strategies, climate emergency management and response, and nature-based solutions.
Read the Community Change Grants Notice of Funding Opportunity.
For up-to-date information about the Community Change Grants Notice of Funding Opportunity and upcoming informational webinars, subscribe to the Office of Environmental Justice and External Civil Rights’ listserv by sending a blank email to: join-epa-ej@lists.epa.gov and follow us on X (formerly Twitter): @EPAEnvJustice.
In August, Administrator Regan traveled to Alaska during the fourth leg of his Journey to Justice Tour to spotlight environmental justice concerns of Alaska Native tribes and discuss how EPA can support community solutions with unprecedented federal resources from President Biden’s Investing in America agenda. The Administrator met with tribal leaders and indigenous stakeholders to hear first-hand about challenges with climate impacts and adaptation, subsistence foods security, water infrastructure and security, contaminated lands and how these environmental challenges impact their way of life and culture.
“Throughout my Journey to Justice tour, I’ve heard from residents and advocates calling for resources to support local solutions in communities that have long been overlooked and forgotten,” said EPA Administrator Michael S. Regan. “Today, thanks to President Biden’s commitment to investing in communities that have long struggled to access federal funding, we are delivering on these calls to action. This historic, unprecedented funding has the promise to turn disadvantaged and overburdened areas into healthy, resilient, and thriving communities for current and future generations.”
“Alaska Native communities rely on the lands they received under ANCSA, but unfortunately, far too many continue to deal with harmful contaminants that remain from the federal government. These contaminated lands are nothing short of an environmental injustice—and that’s why I’m so glad to see after years of work, $150 million in additional funding is going to support cleanup on ANCSA lands,” said Senator Lisa Murkowski. “This funding will help to fulfill the demands of Alaskans by addressing the issue of contaminated lands and help create new jobs. I encourage all eligible Alaska Tribes and communities to apply for available funding—let’s get to work to end this injustice.”
“I am glad to see this dedication of at least $150 million to address contaminated lands, pollution reduction, and climate adaptation in Alaska,” said Representative Mary Peltola. “This is an important step in improving the quality of life of many Alaska Native communities, including those who have been dealing with contaminated lands left behind by the federal government for decades. Supporting these communities in their efforts to raise awareness of this issue has long been a priority of the Alaska Delegation, and we will continue to advocate for long term solutions as well as monitor these program funds to make sure the federal government is keeping the promises it made to Alaska Natives.”
“We are excited for this unprecedented opportunity to match federal resources to support community-led solutions to tackle climate and environmental justice challenges in Alaska Native communities,” said EPA Region 10 Administrator Casey Sixkiller. “This targeted funding will help Alaska Native Corporations, Tribes, and Tribal organizations address climate impacts and adaptation, subsistence foods security, water and energy infrastructure, and other environmental threats that impact their way of life and culture.”
The Community Change Grants Notice of Funding Opportunity is administered through the Office of Environmental Justice and External Civil Rights. Out of the $2 billion in funding, EPA has identified Target Investment Areas to help ensure that communities with unique circumstances, geography, and needs can equitably compete for funding. This includes an estimated $150 million for projects benefitting federally recognized Tribes in Alaska, and an estimated $300 million for projects benefitting Tribal communities in the U.S. outside of Alaska.
EPA is accepting applications through this Targeted Investment Area that include projects:
Focused on the clean-up of contaminated lands conveyed through the Alaska Native Claims Settlement Act (ANCSA). ANCSA was enacted in 1971 to settle claims to public lands through the conveyance of 46 million acres of land to Alaska Native regional and village corporations. Many of the lands promised and conveyed to corporations pursuant to the settlement in ANCSA were contaminated and pose health and other concerns to Indigenous Alaskans and communities, negatively impacting subsistence resources and hampering cultural, social, and economic activities.
Focused on other forms of pollution reduction. These include indoor air quality, outdoor air quality, clean water infrastructure, and the safe management and disposal of hazardous waste.
Focused on Alaska-specific climate action strategies. These include community energy resilience, improving human health and climate resilience, permafrost degradation management strategies, climate emergency management and response, and nature-based solutions.
Read the Community Change Grants Notice of Funding Opportunity.
For up-to-date information about the Community Change Grants Notice of Funding Opportunity and upcoming informational webinars, subscribe to the Office of Environmental Justice and External Civil Rights’ listserv by sending a blank email to: join-epa-ej@lists.epa.gov and follow us on X (formerly Twitter): @EPAEnvJustice.
Electron Hydro to pay $1 million Clean Water Act penalty for 2020 artificial turf, tire crumb discharge into Puyallup River
SEATTLE (November 21, 2023) -- The U.S Environmental Protection Agency announced today that Electron Hydro, LLC, and its Chief Operating Officer, Thom Fischer, have agreed to pay a $1,025,000 civil penalty for major violations of the Clean Water Act stemming from the illegal installation of thousands of yards of artificial turf at a construction project at the Electron dam and the subsequent release of hundreds of yards of the turf and the crumb rubber it contained into the Puyallup River in the summer of 2020.
Turf has been found at least 5000 feet from the site and crumb rubber has been found at least 19 miles downstream. Recovery of all the discharged material is not possible.
“Sadly, Electron Hydro’s and Mr. Fischer’s unfathomable violations will have lasting environmental impact on the Puyallup River and the fish and wildlife that rely on it,” said Ed Kowalski, Director of the Enforcement and Compliance Assurance Division in EPA’s Region 10 office in Seattle. “Payment of this major penalty cannot undo the damage. However, the additional work required by this settlement represents a significant step toward restoring our precious water resources and should serve as a strong reminder that EPA will exact significant sanctions, monetary and otherwise, from those who ignore their legal responsibilities to protect our water resources.”
Artificial turf contains a wide range of toxic compounds, including plasticizers, zinc, lead, and other toxic compounds. Crumb rubber is made from waste tires that contain 6PPD, a chemical used in tire manufacturing. When 6PPD reacts with ozone, it forms 6PPD-q, which is toxic to salmon, trout, and many other fish and aquatic species, and is known to be lethal to coho salmon.
The Puyallup River, which flows into Puget Sound, is home to Chinook salmon, bull trout, and steelhead trout, all of which are protected under the Endangered Species Act. The river is also home to coho, chum, and pink salmon, as well as cutthroat trout.
The Puyallup Tribe owns the bed and banks of the Puyallup River within its reservation and downstream of the discharge site. Since time immemorial, Tribal members have fished the waters of the Puyallup River, the Puyallup River Watershed, and Commencement Bay -- and the Tribe’s fishing rights are protected by treaty.
In its investigation, the EPA also discovered that for many years Electron Hydro violated the conditions of the Washington Department of Ecology’s Construction Stormwater General Permit by failing to:
update its Notice of Intent to reflect the true size of the construction area;
provide secondary containment for equipment containing fuel;
implement and/or maintain required best management practices;
adequately conduct and/or document inspections;
maintain records on-site; and
timely submit discharge monitoring reports.
The company’s failure to comply with the conditions of the permit may have resulted in environmental harm due to discharge of pollutants such as sediment, phosphorus, and petroleum products from the construction site to the Puyallup River.
In November 2020, the U.S. Department of Justice filed a complaint in federal court. After multiple successful rulings in federal court, the EPA and the Department of Justice negotiated a Clean Water Act settlement with Electron Hydro and Fischer, which is memorialized in the Consent Decree announced today. In addition to paying a penalty of $1,025,000, the company and Fischer agreed to perform a significant amount of injunctive relief that will directly benefit the Puyallup River and/or redress the harms from their Clean Water Act violations. Specifically, they agree to:
Implement comprehensive turf management requirements to ensure as much turf as possible is recovered from the environment, including establishing a phone line and web reporting tools for members of the public to report artificial turf observed;
Hire an independent third-party contractor to evaluate operations covered by the Construction Stormwater General Permit and implement all recommended stormwater best management practices and publish stormwater compliance information to a public website for transparency and accountability;
Preserve in perpetuity approximately 70 acres of land along the Puyallup River that provide valuable salmon habitat;
Hire an independent third-party contractor to evaluate the company’s new plans to complete the failed 2020 construction project and submit the contractor’s evaluation to the U.S. Army Corps of Engineers; and
Forgo hydroelectric operations until they remove thousands of yards of rock placed in the river in October 2020.
The Consent Decree is subject to a 45-day comment period and final court approval. The public view the Consent Decree at https://www.justice.gov/enrd/consent-decrees.
Turf has been found at least 5000 feet from the site and crumb rubber has been found at least 19 miles downstream. Recovery of all the discharged material is not possible.
“Sadly, Electron Hydro’s and Mr. Fischer’s unfathomable violations will have lasting environmental impact on the Puyallup River and the fish and wildlife that rely on it,” said Ed Kowalski, Director of the Enforcement and Compliance Assurance Division in EPA’s Region 10 office in Seattle. “Payment of this major penalty cannot undo the damage. However, the additional work required by this settlement represents a significant step toward restoring our precious water resources and should serve as a strong reminder that EPA will exact significant sanctions, monetary and otherwise, from those who ignore their legal responsibilities to protect our water resources.”
Artificial turf contains a wide range of toxic compounds, including plasticizers, zinc, lead, and other toxic compounds. Crumb rubber is made from waste tires that contain 6PPD, a chemical used in tire manufacturing. When 6PPD reacts with ozone, it forms 6PPD-q, which is toxic to salmon, trout, and many other fish and aquatic species, and is known to be lethal to coho salmon.
The Puyallup River, which flows into Puget Sound, is home to Chinook salmon, bull trout, and steelhead trout, all of which are protected under the Endangered Species Act. The river is also home to coho, chum, and pink salmon, as well as cutthroat trout.
The Puyallup Tribe owns the bed and banks of the Puyallup River within its reservation and downstream of the discharge site. Since time immemorial, Tribal members have fished the waters of the Puyallup River, the Puyallup River Watershed, and Commencement Bay -- and the Tribe’s fishing rights are protected by treaty.
In its investigation, the EPA also discovered that for many years Electron Hydro violated the conditions of the Washington Department of Ecology’s Construction Stormwater General Permit by failing to:
update its Notice of Intent to reflect the true size of the construction area;
provide secondary containment for equipment containing fuel;
implement and/or maintain required best management practices;
adequately conduct and/or document inspections;
maintain records on-site; and
timely submit discharge monitoring reports.
The company’s failure to comply with the conditions of the permit may have resulted in environmental harm due to discharge of pollutants such as sediment, phosphorus, and petroleum products from the construction site to the Puyallup River.
In November 2020, the U.S. Department of Justice filed a complaint in federal court. After multiple successful rulings in federal court, the EPA and the Department of Justice negotiated a Clean Water Act settlement with Electron Hydro and Fischer, which is memorialized in the Consent Decree announced today. In addition to paying a penalty of $1,025,000, the company and Fischer agreed to perform a significant amount of injunctive relief that will directly benefit the Puyallup River and/or redress the harms from their Clean Water Act violations. Specifically, they agree to:
Implement comprehensive turf management requirements to ensure as much turf as possible is recovered from the environment, including establishing a phone line and web reporting tools for members of the public to report artificial turf observed;
Hire an independent third-party contractor to evaluate operations covered by the Construction Stormwater General Permit and implement all recommended stormwater best management practices and publish stormwater compliance information to a public website for transparency and accountability;
Preserve in perpetuity approximately 70 acres of land along the Puyallup River that provide valuable salmon habitat;
Hire an independent third-party contractor to evaluate the company’s new plans to complete the failed 2020 construction project and submit the contractor’s evaluation to the U.S. Army Corps of Engineers; and
Forgo hydroelectric operations until they remove thousands of yards of rock placed in the river in October 2020.
The Consent Decree is subject to a 45-day comment period and final court approval. The public view the Consent Decree at https://www.justice.gov/enrd/consent-decrees.
USDA and the U.S. Small Business Administration Strengthen Partnership to Create Jobs and Economic Growth in Rural America
RENO, Nev., Nov. 20, 2023 – U.S. Department of Agriculture (USDA) Deputy Secretary Xochitl Torres Small announced today that USDA is strengthening its longstanding partnership with the Small Business Administration (SBA) to create jobs and expand access to new and better market opportunities for people in rural America.
EPA Proposes Stronger Rules to Protect People from Persistent, Bioaccumulative, and Toxic Chemical Exposures
WASHINGTON – Today, the U.S. Environmental Protection Agency (EPA) released a proposed rule to further protect people from exposure to two chemicals that are toxic, remain in the environment for long periods of time, and accumulate in the body. Both decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)) are persistent, bioaccumulative and toxic (PBT) chemicals that were subject to risk management rules under the Toxic Substances Control Act (TSCA).
EPA’s proposed rule would impose workplace safety protections and restrict water releases. It would also address broader implementation issues affecting the supply chains of various industry sectors including the nuclear energy sector, transportation, construction, agriculture, forestry, mining, life sciences, and semiconductor production.
“Persistent, bioaccumulative and toxic chemicals can remain in the environment and our bodies for long periods of time, which makes it particularly important that EPA ensures protections are in place for these chemicals,” said Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Michal Freedhoff. “Today’s proposed rule will better protect workers and communities from dangerous chemical exposures, while also ensuring that critical uses of these chemicals can continue safely.”
TSCA directed EPA to take expedited action on five PBT chemicals to reduce exposure and protect human health and the environment, and EPA finalized risk management rules in early January 2021. In February 2021, EPA announced that it would review actions taken under the previous Administration to ensure the Agency followed the science and the law. EPA also noted at that time that after the rules were finalized, manufacturers of a wide range of key consumer and commercial goods informed EPA that they were unable to meet compliance deadlines in the rules and warned of widespread economic disruption if changes were not made.
In March 2021, in light of Executive Orders and other guidance provided by the Biden-Harris Administration, EPA opened a public comment period to collect additional comments on whether the rules sufficiently reduced exposures to the PBT chemicals, on implementation issues associated with the PBT final rules, and on whether to consider additional or alternative measures. This rule proposes to amend two of those five rules. EPA is not proposing to revise the existing regulations for the other three PBT chemicals (2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP), hexachlorobutadiene (HCBD) and pentachlorothiophenol (PCTP)) at this time.
DecaBDE
DecaBDE is a flame retardant used in wire and cables for nuclear power generation facilities and multiple applications for aerospace and automotive vehicles including replacement parts. EPA has previously worked to reduce exposures from the larger class of flame retardants that include decaBDE, known as polybrominated diphenyl ethers. EPA has identified adverse human health effects associated with exposure to decaBDE, including damage to the development of the central nervous system and reproductive problems. Accordingly, EPA prohibited manufacturing, processing, and distribution in commerce of decaBDE and decaBDE-containing products or articles in its 2021 final rule, with a few exceptions.
This new proposed rule would require that workers use personal protective equipment (PPE) for some activities involving decaBDE not subject to the 2021 prohibitions, prohibit releases to water during manufacturing, processing, and distribution in commerce of decaBDE and decaBDE-containing products, and require entities intending to export decaBDE-containing wire and cable for nuclear power generation facilities to notify EPA.
The rule would also extend the compliance date for processing and distribution in commerce of decaBDE-containing wire and cable insulation for use in nuclear power generation facilities until after the service life of the wire and cable. This extended compliance date allows for the nuclear power generation industry to move to alternatives to decaBDE-containing wire and cable that play a vital role in the operation of numerous safety systems required by Federal regulations for both safe operation and safe shutdown of nuclear facilities. Nuclear facilities need qualified wire and cable to operate safely, and new types of wire and cable can take years to be certified consistent with the Nuclear Regulatory Commission regulations.
PIP (3:1)
PIP (3:1) is a plasticizer, a flame retardant, an anti-wear additive, or an anti-compressibility additive that has been used in hydraulic fluid, lubricating oils, lubricants and greases, various industrial coatings, adhesives, sealants, and plastic articles. It is also used in key consumer and commercial goods such as cellular telephones, laptop computers, and other electronic and electrical devices and industrial and commercial equipment used in various sectors including transportation, construction, agriculture, forestry, mining, life sciences, and semiconductor production. PIP (3:1) is toxic to aquatic plants, aquatic invertebrates, sediment invertebrates, and fish. EPA has identified adverse human health effects associated with exposure to PIP (3:1), including reproductive problems, neurological effects and damage to the liver, ovaries, heart and lungs.
Previously, EPA extended the compliance dates for articles containing PIP (3:1) to address the challenges that were inadvertently created by the original compliance dates in the January 2021 final rule to October 2024. Except for the exclusions and phase-outs for specific uses mentioned below, EPA is not proposing to further extend the October 2024 compliance date.
In this rule, EPA proposes to further extend the compliance dates for some articles used in manufacturing equipment and the semiconductor industry. The proposed rule also includes new worker protections, including a requirement that workers use PPE during manufacturing and processing of PIP (3:1).
EPA has also proposed phasing out some uses of PIP (3:1) that were excluded from the prohibitions in the February 2021 rule. For example, some uses of PIP (3:1) in lubricants and greases that were excluded from the prohibitions in the previous rule would be subject to a 5-year phaseout under this proposed rule. EPA is also proposing to exclude the processing and distribution of PIP (3:1) for use in wire harnessing and electric circuit boards from prohibition.
In the coming weeks, EPA will host a public webinar for anyone looking for an overview of the proposed regulatory action. The date, time and registration information will be announced soon. EPA will accept public comments on the proposed rule for 45 days following publication in the Federal Register via docket EPA-HQ-OPPT-2023-0376 at www.regulations.gov.Learn more about today’s proposal.
EPA’s proposed rule would impose workplace safety protections and restrict water releases. It would also address broader implementation issues affecting the supply chains of various industry sectors including the nuclear energy sector, transportation, construction, agriculture, forestry, mining, life sciences, and semiconductor production.
“Persistent, bioaccumulative and toxic chemicals can remain in the environment and our bodies for long periods of time, which makes it particularly important that EPA ensures protections are in place for these chemicals,” said Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Michal Freedhoff. “Today’s proposed rule will better protect workers and communities from dangerous chemical exposures, while also ensuring that critical uses of these chemicals can continue safely.”
TSCA directed EPA to take expedited action on five PBT chemicals to reduce exposure and protect human health and the environment, and EPA finalized risk management rules in early January 2021. In February 2021, EPA announced that it would review actions taken under the previous Administration to ensure the Agency followed the science and the law. EPA also noted at that time that after the rules were finalized, manufacturers of a wide range of key consumer and commercial goods informed EPA that they were unable to meet compliance deadlines in the rules and warned of widespread economic disruption if changes were not made.
In March 2021, in light of Executive Orders and other guidance provided by the Biden-Harris Administration, EPA opened a public comment period to collect additional comments on whether the rules sufficiently reduced exposures to the PBT chemicals, on implementation issues associated with the PBT final rules, and on whether to consider additional or alternative measures. This rule proposes to amend two of those five rules. EPA is not proposing to revise the existing regulations for the other three PBT chemicals (2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP), hexachlorobutadiene (HCBD) and pentachlorothiophenol (PCTP)) at this time.
DecaBDE
DecaBDE is a flame retardant used in wire and cables for nuclear power generation facilities and multiple applications for aerospace and automotive vehicles including replacement parts. EPA has previously worked to reduce exposures from the larger class of flame retardants that include decaBDE, known as polybrominated diphenyl ethers. EPA has identified adverse human health effects associated with exposure to decaBDE, including damage to the development of the central nervous system and reproductive problems. Accordingly, EPA prohibited manufacturing, processing, and distribution in commerce of decaBDE and decaBDE-containing products or articles in its 2021 final rule, with a few exceptions.
This new proposed rule would require that workers use personal protective equipment (PPE) for some activities involving decaBDE not subject to the 2021 prohibitions, prohibit releases to water during manufacturing, processing, and distribution in commerce of decaBDE and decaBDE-containing products, and require entities intending to export decaBDE-containing wire and cable for nuclear power generation facilities to notify EPA.
The rule would also extend the compliance date for processing and distribution in commerce of decaBDE-containing wire and cable insulation for use in nuclear power generation facilities until after the service life of the wire and cable. This extended compliance date allows for the nuclear power generation industry to move to alternatives to decaBDE-containing wire and cable that play a vital role in the operation of numerous safety systems required by Federal regulations for both safe operation and safe shutdown of nuclear facilities. Nuclear facilities need qualified wire and cable to operate safely, and new types of wire and cable can take years to be certified consistent with the Nuclear Regulatory Commission regulations.
PIP (3:1)
PIP (3:1) is a plasticizer, a flame retardant, an anti-wear additive, or an anti-compressibility additive that has been used in hydraulic fluid, lubricating oils, lubricants and greases, various industrial coatings, adhesives, sealants, and plastic articles. It is also used in key consumer and commercial goods such as cellular telephones, laptop computers, and other electronic and electrical devices and industrial and commercial equipment used in various sectors including transportation, construction, agriculture, forestry, mining, life sciences, and semiconductor production. PIP (3:1) is toxic to aquatic plants, aquatic invertebrates, sediment invertebrates, and fish. EPA has identified adverse human health effects associated with exposure to PIP (3:1), including reproductive problems, neurological effects and damage to the liver, ovaries, heart and lungs.
Previously, EPA extended the compliance dates for articles containing PIP (3:1) to address the challenges that were inadvertently created by the original compliance dates in the January 2021 final rule to October 2024. Except for the exclusions and phase-outs for specific uses mentioned below, EPA is not proposing to further extend the October 2024 compliance date.
In this rule, EPA proposes to further extend the compliance dates for some articles used in manufacturing equipment and the semiconductor industry. The proposed rule also includes new worker protections, including a requirement that workers use PPE during manufacturing and processing of PIP (3:1).
EPA has also proposed phasing out some uses of PIP (3:1) that were excluded from the prohibitions in the February 2021 rule. For example, some uses of PIP (3:1) in lubricants and greases that were excluded from the prohibitions in the previous rule would be subject to a 5-year phaseout under this proposed rule. EPA is also proposing to exclude the processing and distribution of PIP (3:1) for use in wire harnessing and electric circuit boards from prohibition.
In the coming weeks, EPA will host a public webinar for anyone looking for an overview of the proposed regulatory action. The date, time and registration information will be announced soon. EPA will accept public comments on the proposed rule for 45 days following publication in the Federal Register via docket EPA-HQ-OPPT-2023-0376 at www.regulations.gov.Learn more about today’s proposal.
Coffeyville Resources Refining & Marketing LLC Will Pay More Than $23 Million to Address Clean Air Act Violations and Offset Environmental Harm Related to its Kansas Refinery
WASHINGTON – The Environmental Protection Agency (EPA) and the Department of Justice today announced a settlement with Coffeyville Resources Refining & Marketing LLC and its affiliated companies (CRRM) for violations of the Clean Air Act and a previous consent decree related to operation of its petroleum refinery in Coffeyville, Kansas. These violations resulted in illegal emissions of various pollutants including an EPA estimate of over 2,300 excess tons of sulfur dioxide (SO2), a pollutant that can make breathing more difficult, from the refineries flares from 2015 to 2017.
The United States and the State of Kansas allege that CRRM violated numerous provisions of a 2012 consent decree and the Clean Air Act. Under the settlement, CRRM will spend at least $1 million on a project to benefit the public and environment of Kansas and implement measures costing up to $9 million to prevent future violations and redress the environmental harm caused by their unlawful conduct. The company will also pay more than $13 million in penalties to the United States and Kansas.
“The settlement with Coffeyville delivers on the promise of EPA’s new climate enforcement strategy by reducing greenhouse gas emissions equivalent to the annual emissions of 10,000 cars,” said Assistant Administrator David M. Uhlmann for EPA’s Office of Enforcement and Compliance Assurance. “In addition, the actions we are taking alongside our state partners in Kansas will reduce harmful air pollution that makes breathing more difficult and causes smog, acid rain, and tree and plant damage.”
“This settlement demonstrates that the United States will take decisive action to address Clean Air Act violations, to enforce the terms of consent decrees and to promote environmental justice,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “The emissions reductions achieved under this settlement will result in healthier air for a community disproportionately affected by air pollution, including for residents of the nearby Cherokee Nation.”
“We are committed to protecting people and families in the communities where they live,” said EPA Region 7 Administrator Meg McCollister. “In addition to the emission controls provided in the settlement, this order requires CRRM to invest $1 million in an environmental project to be approved by the state of Kansas, which will directly benefit the citizens of the state.”
Since the United States and Kansas began investigating CRRM’s alleged non-compliance in 2016, CRRM’s efforts to come into compliance with Clean Air Act requirements have already eliminated more than 39,000 tons per year of carbon dioxide (CO2) emissions from excessive flaring of waste gas, equivalent to using nearly 4 million fewer gallons of gasoline per year. In addition, EPA estimates that the flare gas recovery system required by the consent decree lodged today will further reduce yearly emissions of greenhouse gases by 12,888 tons, equivalent to using 1.3 million fewer gallons of gasoline annually and will also reduce yearly emissions of SO2 by 1.7 tons and nitrogen oxide (NOx) by 9.57 tons. NOx is a primary contributor to the formation of smog.
In 2020, the United States and Kansas sought more than $6.8 million in stipulated penalties from CRRM because of the company’s alleged violations of the 2012 consent decree – primarily regarding its failure to properly monitor SO2 emissions from flaring. Various refinery processes lead to flaring or burning of waste gases which emit various pollutants into the atmosphere, including carbon dioxide, methane, and SO2. The U.S. District Court for the District of Kansas held CRRM liable for the stipulated penalties and the company appealed the decision.
Also in 2020, the United States and Kansas alleged additional Clean Air Act violations at the refinery, resulting in excess emissions of SO2 in a community already disproportionately impacted by air pollution. Exposure to SO2 can harm breathing and particularly affects those with asthma, children, and older adults. High concentrations of SO2 can lead to formation of other sulfur oxides and ultimately small particles, which can contribute to particulate matter pollution, acid rain and tree and plant damage.
The consent decree, which the United States filed today, resolves the stipulated penalties demand and violations identified in the complaint. CRRM must:
Pay more than $6.8 million in stipulated penalties awarded by the court and $183,000 in stipulated penalties for additional violations of the 2012 consent decree;
Pay more than $6.2 million in additional penalties for Clean Air Act violations alleged in the complaint;
Spend at least $1 million on an environmentally beneficial project to be approved by the State of Kansas;
Undertake various measures to facilitate future compliance with the Clean Air Act;
Reduce NOx emissions from refinery heaters; and
Build an approximately $9 million flare gas recovery system to reduce the refinery’s flaring.
EPA Region 7, EPA’s Office of Enforcement and Compliance Assurance, and the Kansas Department of Health and Environment investigated the case. The Department of Justice’s ENRD Environmental Enforcement Section and the State of Kansas prosecuted the case.
The consent decree, lodged in the U.S. District Court for the District of Kansas, is subject to a 30-day public comment period and final court approval. The consent decree will be available for viewing at the 2023 Coffeyville Resources Refining & Marketing, LLC Clean Air Act Settlement Information Sheet.
The United States and the State of Kansas allege that CRRM violated numerous provisions of a 2012 consent decree and the Clean Air Act. Under the settlement, CRRM will spend at least $1 million on a project to benefit the public and environment of Kansas and implement measures costing up to $9 million to prevent future violations and redress the environmental harm caused by their unlawful conduct. The company will also pay more than $13 million in penalties to the United States and Kansas.
“The settlement with Coffeyville delivers on the promise of EPA’s new climate enforcement strategy by reducing greenhouse gas emissions equivalent to the annual emissions of 10,000 cars,” said Assistant Administrator David M. Uhlmann for EPA’s Office of Enforcement and Compliance Assurance. “In addition, the actions we are taking alongside our state partners in Kansas will reduce harmful air pollution that makes breathing more difficult and causes smog, acid rain, and tree and plant damage.”
“This settlement demonstrates that the United States will take decisive action to address Clean Air Act violations, to enforce the terms of consent decrees and to promote environmental justice,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “The emissions reductions achieved under this settlement will result in healthier air for a community disproportionately affected by air pollution, including for residents of the nearby Cherokee Nation.”
“We are committed to protecting people and families in the communities where they live,” said EPA Region 7 Administrator Meg McCollister. “In addition to the emission controls provided in the settlement, this order requires CRRM to invest $1 million in an environmental project to be approved by the state of Kansas, which will directly benefit the citizens of the state.”
Since the United States and Kansas began investigating CRRM’s alleged non-compliance in 2016, CRRM’s efforts to come into compliance with Clean Air Act requirements have already eliminated more than 39,000 tons per year of carbon dioxide (CO2) emissions from excessive flaring of waste gas, equivalent to using nearly 4 million fewer gallons of gasoline per year. In addition, EPA estimates that the flare gas recovery system required by the consent decree lodged today will further reduce yearly emissions of greenhouse gases by 12,888 tons, equivalent to using 1.3 million fewer gallons of gasoline annually and will also reduce yearly emissions of SO2 by 1.7 tons and nitrogen oxide (NOx) by 9.57 tons. NOx is a primary contributor to the formation of smog.
In 2020, the United States and Kansas sought more than $6.8 million in stipulated penalties from CRRM because of the company’s alleged violations of the 2012 consent decree – primarily regarding its failure to properly monitor SO2 emissions from flaring. Various refinery processes lead to flaring or burning of waste gases which emit various pollutants into the atmosphere, including carbon dioxide, methane, and SO2. The U.S. District Court for the District of Kansas held CRRM liable for the stipulated penalties and the company appealed the decision.
Also in 2020, the United States and Kansas alleged additional Clean Air Act violations at the refinery, resulting in excess emissions of SO2 in a community already disproportionately impacted by air pollution. Exposure to SO2 can harm breathing and particularly affects those with asthma, children, and older adults. High concentrations of SO2 can lead to formation of other sulfur oxides and ultimately small particles, which can contribute to particulate matter pollution, acid rain and tree and plant damage.
The consent decree, which the United States filed today, resolves the stipulated penalties demand and violations identified in the complaint. CRRM must:
Pay more than $6.8 million in stipulated penalties awarded by the court and $183,000 in stipulated penalties for additional violations of the 2012 consent decree;
Pay more than $6.2 million in additional penalties for Clean Air Act violations alleged in the complaint;
Spend at least $1 million on an environmentally beneficial project to be approved by the State of Kansas;
Undertake various measures to facilitate future compliance with the Clean Air Act;
Reduce NOx emissions from refinery heaters; and
Build an approximately $9 million flare gas recovery system to reduce the refinery’s flaring.
EPA Region 7, EPA’s Office of Enforcement and Compliance Assurance, and the Kansas Department of Health and Environment investigated the case. The Department of Justice’s ENRD Environmental Enforcement Section and the State of Kansas prosecuted the case.
The consent decree, lodged in the U.S. District Court for the District of Kansas, is subject to a 30-day public comment period and final court approval. The consent decree will be available for viewing at the 2023 Coffeyville Resources Refining & Marketing, LLC Clean Air Act Settlement Information Sheet.
Coffeyville Resources Refining & Marketing Will Pay Over $23M to Address Clean Air Act Violations and Offset Environmental Harm Related to Its Kansas Refinery
LENEXA, KAN. (NOV. 20, 2023) – The U.S. Environmental Protection Agency (EPA) and U.S. Department of Justice today announced a settlement with Coffeyville Resources Refining & Marketing LLC and its affiliated companies (CRRM) for violations of the Clean Air Act and a previous consent decree related to operation of its petroleum refinery in Coffeyville, Kansas.
These violations resulted in illegal emissions of various pollutants, including an EPA estimate of over 2,300 excess tons of sulfur dioxide (SO2), a pollutant that can make breathing more difficult, from the refinery’s flares from 2015 to 2017.
The United States and the State of Kansas allege that CRRM violated numerous provisions of a 2012 consent decree and the Clean Air Act. Under the settlement, CRRM will spend at least $1 million on a project to benefit the public and environment of Kansas and implement measures costing up to $9 million to prevent future violations and redress the environmental harm caused by their unlawful conduct. The company will also pay more than $13 million in penalties to the United States and Kansas.
“The settlement with Coffeyville delivers on the promise of EPA’s new climate enforcement strategy by reducing greenhouse gas emissions equivalent to the annual emissions of 10,000 cars,” said Assistant Administrator David M. Uhlmann for EPA’s Office of Enforcement and Compliance Assurance. “In addition, the actions we are taking alongside our state partners in Kansas will reduce harmful air pollution that makes breathing more difficult and causes smog, acid rain, and tree and plant damage.”
“This settlement demonstrates that the United States will take decisive action to address Clean Air Act violations, to enforce the terms of consent decrees, and to promote environmental justice,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “The emissions reductions achieved under this settlement will result in healthier air for a community disproportionately affected by air pollution, including for residents of the nearby Cherokee Nation.”
“We are committed to protecting people and families in the communities where they live,” said EPA Region 7 Administrator Meg McCollister. “In addition to the emission controls provided in the settlement, this order requires CRRM to invest $1 million in an environmental project to be approved by the State of Kansas, which will directly benefit the citizens of the state.”
Since the United States and Kansas began investigating CRRM’s alleged non-compliance in 2016, CRRM’s efforts to come into compliance with Clean Air Act requirements have already eliminated more than 39,000 tons per year of carbon dioxide (CO2) emissions from excessive flaring of waste gas, equivalent to using nearly 4 million fewer gallons of gasoline per year. In addition, EPA estimates that the flare gas recovery system required by the consent decree lodged today will further reduce yearly emissions of greenhouse gases by 12,888 tons, equivalent to using 1.3 million fewer gallons of gasoline annually, and will also reduce yearly emissions of SO2 by 1.7 tons and nitrogen oxide (NOx) by 9.57 tons. NOx is a primary contributor to the formation of smog.
In 2020, the United States and Kansas sought more than $6.8 million in stipulated penalties from CRRM because of the company’s alleged violations of the 2012 consent decree, primarily regarding its failure to properly monitor SO2 emissions from flaring. Various refinery processes lead to flaring or burning of waste gases which emit various pollutants into the atmosphere, including carbon dioxide, methane, and SO2. The U.S. District Court for the District of Kansas held CRRM liable for the stipulated penalties and the company appealed the decision.
Also in 2020, the United States and Kansas alleged additional Clean Air Act violations at the refinery, resulting in excess emissions of SO2 in a community already disproportionately impacted by air pollution. Exposure to SO2 can harm breathing and particularly affects those with asthma, children, and older adults. High concentrations of SO2 can lead to the formation of other sulfur oxides and ultimately small particles, which can contribute to particulate matter pollution, acid rain, and tree and plant damage.
The consent decree, which the United States filed today, resolves the stipulated penalties demand and violations identified in the complaint. CRRM must:
Pay over $6.8 million in stipulated penalties awarded by the court and $183,000 in stipulated penalties for additional violations of the 2012 consent decree.
Pay over $6.2 million in additional penalties for Clean Air Act violations alleged in the complaint.
Spend at least $1 million on an environmentally beneficial project to be approved by the State of Kansas.
Undertake various measures to facilitate future compliance with the Clean Air Act.
Reduce NOx emissions from refinery heaters.
Build an approximately $9 million flare gas recovery system to reduce the refinery’s flaring.
EPA Region 7, EPA’s Office of Enforcement and Compliance Assurance, and the Kansas Department of Health and Environment investigated the case. The Department of Justice’s ENRD Environmental Enforcement Section and the State of Kansas prosecuted the case.
The consent decree, lodged in the U.S. District Court for the District of Kansas, is subject to a 30-day public comment period and final court approval. The consent decree will be available for viewing online.
# # #
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Learn more about EPA Region 7
View all Region 7 news releases
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These violations resulted in illegal emissions of various pollutants, including an EPA estimate of over 2,300 excess tons of sulfur dioxide (SO2), a pollutant that can make breathing more difficult, from the refinery’s flares from 2015 to 2017.
The United States and the State of Kansas allege that CRRM violated numerous provisions of a 2012 consent decree and the Clean Air Act. Under the settlement, CRRM will spend at least $1 million on a project to benefit the public and environment of Kansas and implement measures costing up to $9 million to prevent future violations and redress the environmental harm caused by their unlawful conduct. The company will also pay more than $13 million in penalties to the United States and Kansas.
“The settlement with Coffeyville delivers on the promise of EPA’s new climate enforcement strategy by reducing greenhouse gas emissions equivalent to the annual emissions of 10,000 cars,” said Assistant Administrator David M. Uhlmann for EPA’s Office of Enforcement and Compliance Assurance. “In addition, the actions we are taking alongside our state partners in Kansas will reduce harmful air pollution that makes breathing more difficult and causes smog, acid rain, and tree and plant damage.”
“This settlement demonstrates that the United States will take decisive action to address Clean Air Act violations, to enforce the terms of consent decrees, and to promote environmental justice,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “The emissions reductions achieved under this settlement will result in healthier air for a community disproportionately affected by air pollution, including for residents of the nearby Cherokee Nation.”
“We are committed to protecting people and families in the communities where they live,” said EPA Region 7 Administrator Meg McCollister. “In addition to the emission controls provided in the settlement, this order requires CRRM to invest $1 million in an environmental project to be approved by the State of Kansas, which will directly benefit the citizens of the state.”
Since the United States and Kansas began investigating CRRM’s alleged non-compliance in 2016, CRRM’s efforts to come into compliance with Clean Air Act requirements have already eliminated more than 39,000 tons per year of carbon dioxide (CO2) emissions from excessive flaring of waste gas, equivalent to using nearly 4 million fewer gallons of gasoline per year. In addition, EPA estimates that the flare gas recovery system required by the consent decree lodged today will further reduce yearly emissions of greenhouse gases by 12,888 tons, equivalent to using 1.3 million fewer gallons of gasoline annually, and will also reduce yearly emissions of SO2 by 1.7 tons and nitrogen oxide (NOx) by 9.57 tons. NOx is a primary contributor to the formation of smog.
In 2020, the United States and Kansas sought more than $6.8 million in stipulated penalties from CRRM because of the company’s alleged violations of the 2012 consent decree, primarily regarding its failure to properly monitor SO2 emissions from flaring. Various refinery processes lead to flaring or burning of waste gases which emit various pollutants into the atmosphere, including carbon dioxide, methane, and SO2. The U.S. District Court for the District of Kansas held CRRM liable for the stipulated penalties and the company appealed the decision.
Also in 2020, the United States and Kansas alleged additional Clean Air Act violations at the refinery, resulting in excess emissions of SO2 in a community already disproportionately impacted by air pollution. Exposure to SO2 can harm breathing and particularly affects those with asthma, children, and older adults. High concentrations of SO2 can lead to the formation of other sulfur oxides and ultimately small particles, which can contribute to particulate matter pollution, acid rain, and tree and plant damage.
The consent decree, which the United States filed today, resolves the stipulated penalties demand and violations identified in the complaint. CRRM must:
Pay over $6.8 million in stipulated penalties awarded by the court and $183,000 in stipulated penalties for additional violations of the 2012 consent decree.
Pay over $6.2 million in additional penalties for Clean Air Act violations alleged in the complaint.
Spend at least $1 million on an environmentally beneficial project to be approved by the State of Kansas.
Undertake various measures to facilitate future compliance with the Clean Air Act.
Reduce NOx emissions from refinery heaters.
Build an approximately $9 million flare gas recovery system to reduce the refinery’s flaring.
EPA Region 7, EPA’s Office of Enforcement and Compliance Assurance, and the Kansas Department of Health and Environment investigated the case. The Department of Justice’s ENRD Environmental Enforcement Section and the State of Kansas prosecuted the case.
The consent decree, lodged in the U.S. District Court for the District of Kansas, is subject to a 30-day public comment period and final court approval. The consent decree will be available for viewing online.
# # #
Learn more about EPA’s air 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