Underground Petroleum Storage Tank Violations result in Fines for Several Businesses in New Jersey and New York
NEW YORK (October 30, 2023) - In four separate enforcement agreements the U.S. Environmental Protection Agency has taken action against several corporate entities operating in New Jersey, New York and the U.S. Virgin Islands to address alleged violations of federal laws regarding the maintenance and operation of underground petroleum storage tank systems. In separate settlements, the companies have agreed to comply and pay penalties.
“EPA’s requirements are designed to ensure proper maintenance of underground storage tanks. When these tanks are not properly maintained, they can leak and put people and the environment at risk," said EPA Regional Administrator Lisa F. Garcia. “EPA takes these requirements very seriously and owners will face penalties if they do not comply.”
When not properly operated and maintained, underground storage tanks (USTs) can leak petroleum and other hazardous substances, threatening soil and water quality. These regulations prevent and detect fuel releases that could contaminate groundwater and pose risks to people’s health and the environment.
In New Jersey, ADPP Enterprises, Inc., and APM Management, Inc., operators of 13 gas stations in New Jersey, settled a case with the EPA for violating federal rules on USTs storing gasoline or diesel fuel. The EPA discovered that the gas stations failed to comply with spill prevention, leak detection, inspection, and record keeping requirements for USTs between 2018 and 2020. The gas station owners have agreed to pay a $175,000 penalty and certify their compliance with the UST rules at their facilities.
Wawa, Inc., a New Jersey-based company that operates gas stations and convenience stores, has settled with the EPA for violating federal regulations on USTs containing gasoline or diesel fuel. Following inspections at nine Wawa facilities in February and March of 2022, EPA determined the company had failed to meet operator training, record keeping, and leak detection requirements for USTs. Wawa has agreed to pay a civil penalty of $26,500 and certify its compliance with UST regulations at its facilities.
In New York, EPA found Dutchess Terminals, Inc., ANK Realty Inc., and Fair Oak, Inc., three companies that own and operate underground storage tanks storing gasoline or diesel fuel at 11 facilities across New York State, in violation of federal rules on financial responsibility, leak detection, spill prevention, and UST inspection requirements between November 2017 and April 2019. The companies have agreed to pay a $150,000 penalty and certify their compliance with the UST rules at their facilities.
AT&T Transoceanic Comm. LLC, which owns and operates underground tanks storing fuel for emergency power generators at 28 facilities in New York, New Jersey, and the U.S. Virgin Islands, violated federal rules on spill prevention, inspections, and operator training at three of its facilities in the U.S. Virgin Islands, which EPA inspected in 2022. The company has agreed to pay a $40,000 penalty and conduct a comprehensive audit of its compliance with all UST rules at its New York and New Jersey facilities.
Approximately 542,000 underground storage tanks nationwide store petroleum or hazardous substances. The greatest potential threat from a leaking UST is contamination of groundwater, the source of drinking water for nearly half of all Americans. EPA, states, territories, and tribes work in partnership with industry to protect the environment and human health from potential releases.
For more information on underground storage tanks, visit http://www.epa.gov/region02/ust/.
Follow EPA Region 2 on Twitter and visit our Facebook page. For more information about EPA Region 2, visit our website.
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“EPA’s requirements are designed to ensure proper maintenance of underground storage tanks. When these tanks are not properly maintained, they can leak and put people and the environment at risk," said EPA Regional Administrator Lisa F. Garcia. “EPA takes these requirements very seriously and owners will face penalties if they do not comply.”
When not properly operated and maintained, underground storage tanks (USTs) can leak petroleum and other hazardous substances, threatening soil and water quality. These regulations prevent and detect fuel releases that could contaminate groundwater and pose risks to people’s health and the environment.
In New Jersey, ADPP Enterprises, Inc., and APM Management, Inc., operators of 13 gas stations in New Jersey, settled a case with the EPA for violating federal rules on USTs storing gasoline or diesel fuel. The EPA discovered that the gas stations failed to comply with spill prevention, leak detection, inspection, and record keeping requirements for USTs between 2018 and 2020. The gas station owners have agreed to pay a $175,000 penalty and certify their compliance with the UST rules at their facilities.
Wawa, Inc., a New Jersey-based company that operates gas stations and convenience stores, has settled with the EPA for violating federal regulations on USTs containing gasoline or diesel fuel. Following inspections at nine Wawa facilities in February and March of 2022, EPA determined the company had failed to meet operator training, record keeping, and leak detection requirements for USTs. Wawa has agreed to pay a civil penalty of $26,500 and certify its compliance with UST regulations at its facilities.
In New York, EPA found Dutchess Terminals, Inc., ANK Realty Inc., and Fair Oak, Inc., three companies that own and operate underground storage tanks storing gasoline or diesel fuel at 11 facilities across New York State, in violation of federal rules on financial responsibility, leak detection, spill prevention, and UST inspection requirements between November 2017 and April 2019. The companies have agreed to pay a $150,000 penalty and certify their compliance with the UST rules at their facilities.
AT&T Transoceanic Comm. LLC, which owns and operates underground tanks storing fuel for emergency power generators at 28 facilities in New York, New Jersey, and the U.S. Virgin Islands, violated federal rules on spill prevention, inspections, and operator training at three of its facilities in the U.S. Virgin Islands, which EPA inspected in 2022. The company has agreed to pay a $40,000 penalty and conduct a comprehensive audit of its compliance with all UST rules at its New York and New Jersey facilities.
Approximately 542,000 underground storage tanks nationwide store petroleum or hazardous substances. The greatest potential threat from a leaking UST is contamination of groundwater, the source of drinking water for nearly half of all Americans. EPA, states, territories, and tribes work in partnership with industry to protect the environment and human health from potential releases.
For more information on underground storage tanks, visit http://www.epa.gov/region02/ust/.
Follow EPA Region 2 on Twitter and visit our Facebook page. For more information about EPA Region 2, visit our website.
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EPA, NRCS, ACOE, and Partners to Re-energize Multi-State Western Lake Erie Basin Partnership to Better Coordinate, Accelerate Nutrient Reduction Efforts
At a September 26 meeting, the leadership of the Western Lake Erie Basin Partnership voted to add the director of EPA’s Great Lakes National Program Office as a third co-chair of the organization. Chris Korleski, the current GLNPO director, joins co-chairs Natural Resources Conversation Service State Conservationist John Wilson and Lieutenant Colonel Colby K. Krug, commander of the U.S. Army Corps of Engineers, Buffalo District.
“By gaining a third co-chair in the U.S. EPA, the Western Lake Erie Basin partnership hopes to bring more assets to the table as we work towards protecting this important natural resource both now and in the future,” said John Wilson, state conservationist for Natural Resources Conversation Service.
“Improving water quality across the Western Lake Erie Basin will require a whole-of-government approach,” said Lieutenant Colonel Colby Krug, Commander of the U.S. Army Corps of Engineers, Buffalo District. “Applying new technology, continued effort by many partners, and resources at the federal, state and local levels to develop and implement a comprehensive plan will protect the basin’s economy, environment and fresh drinking water for millions of Americans. Through the Great Lakes Restoration Initiative, the U.S. Environmental Protection Agency has a proven track record to be able to make a difference and I welcome them to the Western Lake Erie Basin Partnership.”
The Western Lake Erie Basin Partnership is a long-standing collaboration of federal, state, and local government agencies; academia; and non-governmental organizations from the tri-state western Lake Erie watershed. The watershed encompasses 7 million acres in Ohio, Michigan and Indiana. When initially formed in 2006, the group’s focus was sediment and erosion control. In recent years the partnership has shifted its focus to nutrient reduction and addressing harmful algal blooms in western Lake Erie.
EPA already has a major role in Lake Erie nutrient reduction efforts as the lead agency responsible for coordinating the U.S. implementation of Annex 4 of the Great Lakes Water Quality Agreement, in partnership with the states. EPA works with the states to develop and implement strategies for achieving the phosphorus reduction goals adopted by the United States and Canada in 2016. In addition, EPA oversees the implementation of the Great Lakes Restoration Initiative, launched in 2010 to accelerate efforts to protect and restore the Great Lakes. The initiative invests $20 million a year in Lake Erie nutrient reduction and monitoring harmful algal blooms.
“The partnership brings together federal, state, and local agency resource managers; scientists; and non-government organizations, including organizations representing agricultural producers and environmental interests, to review the latest information on the nutrients issue,” said Chris Korleski, director of EPA’s Great Lakes National Program Office. “There is a natural fit here for EPA to assist in developing, implementing, coordinating, communicating, and tracking nutrient reduction efforts, and the timing is ideal with the states and federal agencies working to update the U.S. Action Plan for Lake Erie in the coming months.”
EPA’s larger role in the partnership reflects the Administration’s desire to maximize the involvement of all the existing partners to enhance nutrient reduction efforts in Lake Erie.
For more information on the Partnership, click here.
“By gaining a third co-chair in the U.S. EPA, the Western Lake Erie Basin partnership hopes to bring more assets to the table as we work towards protecting this important natural resource both now and in the future,” said John Wilson, state conservationist for Natural Resources Conversation Service.
“Improving water quality across the Western Lake Erie Basin will require a whole-of-government approach,” said Lieutenant Colonel Colby Krug, Commander of the U.S. Army Corps of Engineers, Buffalo District. “Applying new technology, continued effort by many partners, and resources at the federal, state and local levels to develop and implement a comprehensive plan will protect the basin’s economy, environment and fresh drinking water for millions of Americans. Through the Great Lakes Restoration Initiative, the U.S. Environmental Protection Agency has a proven track record to be able to make a difference and I welcome them to the Western Lake Erie Basin Partnership.”
The Western Lake Erie Basin Partnership is a long-standing collaboration of federal, state, and local government agencies; academia; and non-governmental organizations from the tri-state western Lake Erie watershed. The watershed encompasses 7 million acres in Ohio, Michigan and Indiana. When initially formed in 2006, the group’s focus was sediment and erosion control. In recent years the partnership has shifted its focus to nutrient reduction and addressing harmful algal blooms in western Lake Erie.
EPA already has a major role in Lake Erie nutrient reduction efforts as the lead agency responsible for coordinating the U.S. implementation of Annex 4 of the Great Lakes Water Quality Agreement, in partnership with the states. EPA works with the states to develop and implement strategies for achieving the phosphorus reduction goals adopted by the United States and Canada in 2016. In addition, EPA oversees the implementation of the Great Lakes Restoration Initiative, launched in 2010 to accelerate efforts to protect and restore the Great Lakes. The initiative invests $20 million a year in Lake Erie nutrient reduction and monitoring harmful algal blooms.
“The partnership brings together federal, state, and local agency resource managers; scientists; and non-government organizations, including organizations representing agricultural producers and environmental interests, to review the latest information on the nutrients issue,” said Chris Korleski, director of EPA’s Great Lakes National Program Office. “There is a natural fit here for EPA to assist in developing, implementing, coordinating, communicating, and tracking nutrient reduction efforts, and the timing is ideal with the states and federal agencies working to update the U.S. Action Plan for Lake Erie in the coming months.”
EPA’s larger role in the partnership reflects the Administration’s desire to maximize the involvement of all the existing partners to enhance nutrient reduction efforts in Lake Erie.
For more information on the Partnership, click here.
EPA Announces Nearly $4 million to the City of New Orleans to expand recycling infrastructure
DALLAS, TEXAS (October 30, 2023) –- The U.S. Environmental Protection Agency (EPA) announced $3,982,000 in funding to the City of New Orleans to improve material management and to improve existing recycling programs in the city. This announcement comes from President Biden’s Investing in America agenda to expand recycling infrastructure and waste management systems across the nation.
“We must continue to invest in comprehensive strategies that promote recycling initiatives in communities overburdened by climate change challenges,” said Regional Administrator Dr. Earthea Nance. “By providing nearly $4 million in funding, EPA is fulfilling our promise to identify marginalized communities and fund projects designed to address climate change and improve public health. I would like to thank the City of New Orleans for continuing to fight the climate crisis and for ensuring overlooked communities continue to receive the resources they need for a cleaner environment.”
“I’m committed to environmental sustainability, and this grant funding is a significant milestone in New Orleans’ journey towards a greener and more environmentally responsible future. I’m also proud that this grant aims to ensure that federal investments flow to disadvantaged communities that are marginalized, underserved, and overburdened by pollution. Environmental justice MUST be at the center of any action to address disproportionate health and environmental impacts on communities, especially communities of color. Together, we will make New Orleans a shining example of environmental stewardship, equity, and progress,” said Congressman Troy A. Carter, Sr. (LA-02).
“The City of New Orleans is honored to have been selected to receive this $3.9 million federal grant that will undoubtedly help achieve our goal of increasing recycling rates, expanding our recycling infrastructure and educating the public on the importance of being more environmentally friendly,” said Mayor LaToya Cantrell. “This means every household throughout the city that is eligible for curbside pickup will now be a part of our circular economy. Thank you to our federal partners, as well as The Recycling Partnership, for helping make this initiative a reality. I must also applaud our dedicated, hard-working City workforce who continue to dedicate their time and effort to ensure we put our best foot forward in applying to receive these critical, one-time federal dollars. Through our shared vision, New Orleans will continue to lead in combatting the global climate crisis and promoting new ways to create a better, greener and more vibrant community.”
The City of New Orleans will expand its current residential curbside recycling program to all eligible households. This expansion will ensure universal and equitable access to curbside recycling, providing new recycling access to about 73,000 households and to replace 10,000 legacy recycling carts. The city will also develop a 10-year solid waste master plan that evaluates recycling processing infrastructure and capacity, explores opportunities for organics diversion including food waste, and explores infrastructure and policy needs to address waste diversion in multifamily and commercial operations. The grant supports the implementation of EPA’s National Recycling Strategy to build an economy devoted to keeping materials, products, and services in circulation for as long as possible –what’s known as a “circular economy.”
EPA’s Solid Waste Infrastructure for Recycling Grant Program is also advancing the President's Justice40 Initiative, which aims to ensure that 40% of the overall benefits of certain federal investments flow to disadvantaged communities that are marginalized, underserved, and overburdened by pollution. Approximately $56 million out of the $73 million – or 76% - of the total funding for communities will go toward projects that benefit disadvantaged communities.
Solid Waste Infrastructure for Recycling Grants for States and Territories
The recycling grants for states and territories will provide funding to all 56 states, territories, and the District of Columbia via grants ranging from $370,000 to $760,000; with the highest grant amounts supporting those states and territories that need it the most.
These grants represent important steps toward achieving the EPA’s National Recycling Goal and Food Loss and Waste Reduction Goal. Funded activities include improving post-consumer materials management programs through developing or updating solid waste management plans and strengthening data collection efforts.
Additional Background
In the coming months, EPA will announce the selected recipients of the recycling grants for Tribes and intertribal consortia, as well as the recipients of EPA’s new Recycling Education and Outreach grant program.
The Bipartisan Infrastructure Law provides $275 million total from fiscal year 2022 to fiscal year 2026 for grants authorized under the Save Our Seas 2.0 Act - the largest investment in recycling in 30 years. The recycling grants are supplemented with additional funding provided through EPA’s annual appropriations. For details about the Solid Waste Infrastructure for Recycling Grant Program selectees and other Bipartisan Infrastructure Law-related funding opportunities, visit the EPA recycling grants webpage.
Connect with the Environmental Protection Agency Region 6 on Facebook, Twitter, or visit our homepage.
“We must continue to invest in comprehensive strategies that promote recycling initiatives in communities overburdened by climate change challenges,” said Regional Administrator Dr. Earthea Nance. “By providing nearly $4 million in funding, EPA is fulfilling our promise to identify marginalized communities and fund projects designed to address climate change and improve public health. I would like to thank the City of New Orleans for continuing to fight the climate crisis and for ensuring overlooked communities continue to receive the resources they need for a cleaner environment.”
“I’m committed to environmental sustainability, and this grant funding is a significant milestone in New Orleans’ journey towards a greener and more environmentally responsible future. I’m also proud that this grant aims to ensure that federal investments flow to disadvantaged communities that are marginalized, underserved, and overburdened by pollution. Environmental justice MUST be at the center of any action to address disproportionate health and environmental impacts on communities, especially communities of color. Together, we will make New Orleans a shining example of environmental stewardship, equity, and progress,” said Congressman Troy A. Carter, Sr. (LA-02).
“The City of New Orleans is honored to have been selected to receive this $3.9 million federal grant that will undoubtedly help achieve our goal of increasing recycling rates, expanding our recycling infrastructure and educating the public on the importance of being more environmentally friendly,” said Mayor LaToya Cantrell. “This means every household throughout the city that is eligible for curbside pickup will now be a part of our circular economy. Thank you to our federal partners, as well as The Recycling Partnership, for helping make this initiative a reality. I must also applaud our dedicated, hard-working City workforce who continue to dedicate their time and effort to ensure we put our best foot forward in applying to receive these critical, one-time federal dollars. Through our shared vision, New Orleans will continue to lead in combatting the global climate crisis and promoting new ways to create a better, greener and more vibrant community.”
The City of New Orleans will expand its current residential curbside recycling program to all eligible households. This expansion will ensure universal and equitable access to curbside recycling, providing new recycling access to about 73,000 households and to replace 10,000 legacy recycling carts. The city will also develop a 10-year solid waste master plan that evaluates recycling processing infrastructure and capacity, explores opportunities for organics diversion including food waste, and explores infrastructure and policy needs to address waste diversion in multifamily and commercial operations. The grant supports the implementation of EPA’s National Recycling Strategy to build an economy devoted to keeping materials, products, and services in circulation for as long as possible –what’s known as a “circular economy.”
EPA’s Solid Waste Infrastructure for Recycling Grant Program is also advancing the President's Justice40 Initiative, which aims to ensure that 40% of the overall benefits of certain federal investments flow to disadvantaged communities that are marginalized, underserved, and overburdened by pollution. Approximately $56 million out of the $73 million – or 76% - of the total funding for communities will go toward projects that benefit disadvantaged communities.
Solid Waste Infrastructure for Recycling Grants for States and Territories
The recycling grants for states and territories will provide funding to all 56 states, territories, and the District of Columbia via grants ranging from $370,000 to $760,000; with the highest grant amounts supporting those states and territories that need it the most.
These grants represent important steps toward achieving the EPA’s National Recycling Goal and Food Loss and Waste Reduction Goal. Funded activities include improving post-consumer materials management programs through developing or updating solid waste management plans and strengthening data collection efforts.
Additional Background
In the coming months, EPA will announce the selected recipients of the recycling grants for Tribes and intertribal consortia, as well as the recipients of EPA’s new Recycling Education and Outreach grant program.
The Bipartisan Infrastructure Law provides $275 million total from fiscal year 2022 to fiscal year 2026 for grants authorized under the Save Our Seas 2.0 Act - the largest investment in recycling in 30 years. The recycling grants are supplemented with additional funding provided through EPA’s annual appropriations. For details about the Solid Waste Infrastructure for Recycling Grant Program selectees and other Bipartisan Infrastructure Law-related funding opportunities, visit the EPA recycling grants webpage.
Connect with the Environmental Protection Agency Region 6 on Facebook, Twitter, or visit our homepage.
EPA Fines Red Star Yeast Company LLC in Cedar Rapids, Iowa, for Alleged Hazardous Waste Violations
LENEXA, KAN. (OCT. 30, 2023) – Red Star Yeast Company LLC in Cedar Rapids, Iowa, will pay $37,705 in civil penalties and purchase emergency response equipment for local responders 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 in its production of yeast for baking and industrial ethanol production, and failed to comply with regulations intended to prevent releases of hazardous waste, including:
Storage of hazardous waste beyond 90 days without a required permit.
Failure to keep a hazardous waste container closed.
Failure to inspect hazardous waste containers.
Failure to label hazardous wastes.
“EPA is committed to protecting communities from harmful chemical waste releases and leveling the playing field for companies that comply with the law,” said David Cozad, director of EPA Region 7’s Enforcement and Compliance Assurance Division. “This settlement represents a win for the environment and the residents of Cedar Rapids and Linn County.”
Red Star Yeast Company’s settlement with EPA includes the purchase of protective suits and boots, a thermal imaging camera, chemical classifier strips, and hazardous waste containment systems to be donated to the Cedar Rapids Fire Department and Linn County Hazmat Team.
The Resource Conservation and Recovery Act creates the framework for the proper management of hazardous and non-hazardous solid waste.
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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
According to the U.S. Environmental Protection Agency (EPA), the company generates large amounts of hazardous waste in its production of yeast for baking and industrial ethanol production, and failed to comply with regulations intended to prevent releases of hazardous waste, including:
Storage of hazardous waste beyond 90 days without a required permit.
Failure to keep a hazardous waste container closed.
Failure to inspect hazardous waste containers.
Failure to label hazardous wastes.
“EPA is committed to protecting communities from harmful chemical waste releases and leveling the playing field for companies that comply with the law,” said David Cozad, director of EPA Region 7’s Enforcement and Compliance Assurance Division. “This settlement represents a win for the environment and the residents of Cedar Rapids and Linn County.”
Red Star Yeast Company’s settlement with EPA includes the purchase of protective suits and boots, a thermal imaging camera, chemical classifier strips, and hazardous waste containment systems to be donated to the Cedar Rapids Fire Department and Linn County Hazmat Team.
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
Georgia tells Supreme Court ILA ruling could jeopardize plans for third ocean terminal
The Georgia Ports Authority plans to open a third ocean terminal in Savannah in 2030 and says updating its current hybrid labor model to an all-union workforce could cost the port $600 million in its first operating year.
USDA’s Equity Commission Concludes Sixth Public Meeting to Improve Equity and Eliminate Barriers to Programs and Services
WASHINGTON, Oct. 27, 2023 - The U.S. Department of Agriculture’s (USDA) independent Equity Commission held its sixth public meeting to discuss the ongoing progress toward building a more equitable USDA and eliminating barriers to USDA programs and services. Over the course of three days, USDA leadership, including Secretary Tom Vilsack and Deputy Secretary Xochitl Torres Small, met with the Equity Commission and subcommittee members to reaffirm the Department’s commitment to implementing the Equity Commission’s recommendations.
USDA Invests Funds to Support Hispanic-serving Institutions, Students on the Road to Educational Success
WASHINGTON, Oct. 27, 2023 – The U.S. Department of Agriculture Deputy Secretary Xochitl Torres Small today announced an investment of $15.5 million in USDA’s Hispanic-serving Institutions (HSI) Education Grants Program.
USDA Appoints New Members to Food Safety Advisory Committee
WASHINGTON, Oct. 27, 2023 – The U.S. Department of Agriculture (USDA) is announcing the appointment of 21 new members and nine returning members to the National Advisory Committee on Microbiological Criteria for Foods (NACMCF). The purpose of the committee is to provide impartial scientific advice and recommendations to federal food safety agencies that assures the safety of foods.