Latest News

Judicial Settlement with Transocean Offshore Deepwater Drilling, Inc. Resolves Clean Water Act Violations

Judicial Settlement with Transocean Offshore Deepwater Drilling, Inc. Resolves Clean Water Act Violations

DALLAS, TEXAS (September 28, 2023) – The U.S. Department of Justice, on behalf of the U.S. Environmental Protection Agency (EPA) finalized a consent decree with Transocean Offshore Deepwater Drilling, Inc (Transocean) for alleged violations of the National Pollutant Discharge Elimination System (NPDES) Gulf of Mexico - Outer Continental Shelf General Permit (general permit) and Sections 301 and 309 of the federal Clean Water Act (CWA). The complaint alleges that Transocean did not obtain coverage under the relevant general permit before discharging, discharged pollutants in excess of effluent limits, and submitted inaccurate discharge monitoring reports, among other violations. Transocean will pay a civil penalty of $507,000.

“The Gulf of Mexico remains a critical natural resource for coastline communities and for marine life, safeguarding this resource has been one of the Biden Administration’s top priorities,” said Regional Administrator Dr. Earthea Nance. In 2022, EPA invested $53 million towards the Gulf of Mexico to improve water quality, restore habitats, enhance community resilience, and increase environmental education in communities. By enforcing Clean Water Act standards and by funding restoration projects, we continue to protect one of our nation’s oldest resources and hold companies accountable for failing to compile with environmental laws.”

As part of the settlement, Transocean must comply with the CWA and its implementing regulations, as well as the general permit. To achieve compliance, Transocean must continue development and implementation procedures to track its vessels and mobile facilities engaged in oil and gas exploration and production activities in the Gulf, submit timely and accurate reports, and perform all required inspections and monitoring. In addition, Transocean is required to establish procedures for cooling water intakes that ensure fish and other aquatic species do not become trapped in filter screens.

Pursuant to the settlement, Transocean must hire a third-party auditor to review compliance plans and must demonstrate to EPA that it has completed all Third-Party Audit Corrective Actions. Transocean also must submit annual reports to EPA to demonstrate compliance with requirements set forth in the consent decree. The settlement was filed in the U.S. District Court for the Southern District of Texas on September 6, 2023 and is subject to a 30 day public comment period before final court approval of the consent decree. The proposed consent decree and the public notice may be viewed online. The public comment period ends on October 12, 2023. 

Once the consent decree has been approved and entered, Transocean will have 30 days to pay the civil penalty to the United States. For more information about EPA’s central and western Gulf of Mexico offshore program, visit EPA’s public website.

Connect with the Environmental Protection Agency Region 6 on Facebook, Twitter, or visit our homepage.

EPA Approves Ohio’s Plan to Reduce Phosphorus Pollution in Western Basin of Lake Erie

CHICAGO (Sept. 28, 2023) – U.S. Environmental Protection Agency (EPA) today approved Ohio’s plan to reduce the amount of phosphorus flowing from the Maumee River into Lake Erie’s western basin. The plan establishes a total maximum daily load for phosphorus for the Maumee River Watershed. This action will help restore water quality in the western basin and support important uses like drinking water and recreation.  

“Ohio’s plan is but one tool that we are using, and I pledge to you that EPA is using and will expand use of other tools,” said EPA Region 5 Administrator Debra Shore. “Addressing the problem of algal blooms in the western basin of Lake Erie will take all of us. It will take unflagging commitment and resolve. And it will take time.” 

The plan addresses harmful algal blooms (HABs) in the nearshore and open waters of the western basin of Lake Erie that impact drinking water, aquatic life and recreational access for Ohioans. Algae responsible for HABs can produce toxins that harm drinking water and hinder recreation. The blooms also negatively impact aquatic species by decreasing dissolved oxygen concentrations in the surface water. The plan establishes the total amount of phosphorus that the western basin of Lake Erie can receive and remain healthy. 

As pledged by Regional Administrator Shore, EPA will employ the following additional tools:  

Deploying Great Lakes Restoration Initiative resources to support research and projects to decrease nutrient loading to the Maumee River Watershed. 
 
Working with the Western Lake Erie Partnership in a new role as one of three agency chairs to engage all sectors in collaborative problem-solving. 
 
Supporting a broader interagency approach with Ohio EPA, Ohio Agriculture, Ohio DNR, and the states of Indiana and Michigan to expand and coordinate efforts to address HABs in the western basin of Lake Erie. 
The Clean Water Act requires states, territories and authorized tribes to list impaired waters and develop Total Maximum Daily Loads (TMDLs) for them. A TMDL establishes the maximum amount of a specific pollutant allowed in a waterbody and helps guide decision-making about how to improve water quality by looking at all the different sources of pollution.   

The TMDL identifies actions and programs as well as funding resources that stakeholders can access to reduce nutrient inputs to local surface waters that drain to Lake Erie. Given the substantial phosphorus reductions required, meeting the targets in the TMDL will require the immediate, concerted and sustained efforts of all western Lake Erie stakeholders. 

Following an intensive review, EPA has determined that Ohio’s TMDL satisfies all federal statutory and regulatory requirements. EPA’s decision and supporting documentation are available online.   

EPA, Michigan and City of Benton Harbor to Highlight Million Dollar “Green Infrastructure” Grant

On Saturday, representatives from U.S. Environmental Protection Agency (EPA) and the Michigan Department of Environment, Great Lakes, and Energy (EGLE) will join Benton Harbor’s All Things Wellness Celebration to highlight a $1,059,022 Great Lakes Restoration Initiative (GLRI) grant, which will fund stormwater projects in the city.

“The problem of excessive stormwater entering the Ox Creek watershed and, ultimately, the Great Lakes has detracted from the health and vitality of the watershed for too long,” said EPA Region 5 Administrator and Great Lakes National Program Manager Debra Shore. “Through this grant, made possible by the Investing in America agenda, EPA is working with our partners to protect and restore the Great Lakes, while uplifting the communities that call this region home.”

The grant will provide funding for two projects, both of which will improve stormwater management in critical areas of the Ox Creek watershed and help foster climate resiliency. For the first project, a contractor will install green infrastructure to capture and treat stormwater in Hall Park. A new parking area will also be added to improve access to Hall Park and Ox Creek. These parking spaces will be surrounded by vegetated retention areas which will catch and filter stormwater runoff. The second project will create rain gardens for stormwater retention in Benton Charter Township, which will reduce urban runoff and improve water quality in Ox Creek. EGLE will subaward a grant to Southwest Michigan Planning Commission one of fourteen planning and development organizations created by the State of Michigan in 1968.  SWMPC serves Berrien, Cass and Van Buren Counties and will administer the projects.

“The EGLE team has enjoyed collaborating with the City, EPA, and many local partners. We are excited about the on-the-ground work in the City that will be funded by the GLRI,” said Michigan EGLE Director Phil Roos. “This is happening through the efforts of a lot of people at the local, regional, state, and federal levels, and those efforts are going to continue.”

“The City of Benton Harbor is very pleased to have EGLE, EPA, NOAA, Township Supervisor Cathy Yates, and many other partners join us for our wellness celebration,” said Mayor Marcus Muhammad.  “Revitalization of Hall Park and Ox Creek is extremely important to City and Township residents, and the two projects will contribute to the wellness of residents in a number of ways, including making Hall Park more accessible to those residents and improving the water quality of Ox Creek.” 

Funding for the projects is provided by the federal Bipartisan Infrastructure Law, which directed $1 billion towards the GLRI.

Events Details:

When: Saturday, September 30
Time: Announcement 12:00-12:30 p.m., Wellness Celebration 11 a.m.-3 p.m.
Location: Hall Park, Benton Harbor, Michigan. Parking is along Highland Avenue or behind the Bobo Brazil Armory Building, 472 Cass Street, Benton Harbor. 
The Great Lakes Restoration Initiative accelerates efforts to protect and restore the largest system of fresh surface water in the world – the Great Lakes. Since 2010 the multi-agency GLRI has provided funding to 16 federal organizations to strategically target the biggest threats to the Great Lakes ecosystem.

For more information about the GLRI, click here.

EPA Announces Approval of Arkansas State Certification of Pesticide Applicator Plan

DALLAS, TEXAS (September 28, 2023) – The U.S. Environmental Protection Agency is finalizing stronger standards for individuals who use Restricted Use Pesticides (RUPs) in the state of Arkansas. The current state plan has been revised to meet or exceed the improved safety requirements in the 2017 Certification of Pesticide Applicators Final Rule (CPA).

“Misuse or disregard of pesticide safety standards can impact vulnerable populations; therefore, it is imperative that we keep improving and maintaining pesticide safety requirements,” said Regional Administrator Dr. Earthea Nance. “With this approval, EPA is taking critical steps to reduce exposure to the environment and to safeguard human health.”

There are over 20,000 pesticide applicators in Arkansas certified to use RUPs and over 30,000 farm workers who may work around RUPs. Applicators, the public, and the environment are at risk from exposure to mishandled or misapplied RUPs. The revised State Certification Plans are intended to enhance and improve the competency of certified RUP applicators and persons working under their direct supervision (noncertified applicators). EPA expects that improving the competency of certified and noncertified applicators will help ensure that RUPs are used according to their labeling and will reduce pesticide exposure and illness among applicators, farm workers, the public, rural communities, and children, as well as preventing unreasonable adverse effects to the environment.

EPA understands the importance and dangers of RUPs; therefore, it has verified that this State Plan meets or exceeds the updated and more stringent federal regulations. The revisions of this plan incorporate long-standing requests and environmental justice concerns from communities, including improved training for people applying RUPs under direct supervision, protection of minors, and additional training for certain high-risk classes of pesticides. Major areas of improvement under the CPA:

New categories: A certificate is now required for aerial, fumigation, and predator control RUPs. These high-risk pesticides now require specific training due to the difficulty of application without causing severe harm by off-target exposure.
Minimum age: Applicators must be 18 to apply RUPs (with limited age exemption (16) for some uses on family farms by noncertified applicators under the direct supervision of a certified applicator).
Noncertified applicator qualifications: Those applying RUPs under direct supervision of a certified applicator must receive training in a manner they can understand. Applicators must verify training records for those working under their supervision prior to applying RUPs.
Recertification: Certifications are valid for a maximum of five years. Previously, no federal limit.
This plan has met the CPA’s minimum requirements and has tailored the programs to their state’s needs. The program changes will be implemented over time, according to the plan’s implementation schedule.

Of the 56 proposed plan revisions submitted by state and territory certifying authorities, 51 have been approved. The regulatory deadline for approving revised certification plans is November 4, 2023. EPA continues to collaborate with certifying authorities to resolve the Agency's comments on the remaining plans. For more information on pesticide and EPA’s certification process, please view our dedicated webpage.

Connect with the Environmental Protection Agency Region 6 on Facebook, Twitter, or visit our homepage.

EPA Region 7 Invites Great Bend, Kansas, Community Members to Attend Presentation About Plating Inc. Superfund Site

LENEXA, KAN. (SEPT. 28, 2023) – U.S. Environmental Protection Agency (EPA) representatives from EPA Region 7 will present at the Great Bend, Kansas, City Council Meeting on Oct. 2, to provide community members with information about the Plating Inc. Superfund Site.

Over the next several months, EPA will be conducting cleanup work under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund. In April 2023, Plating Inc. was one of three Superfund sites in Kansas on the National Priorities List (NPL) to receive funding from the Bipartisan Infrastructure Law (BIL) to begin or expedite cleanup projects.

“In April, EPA Region 7 representatives traveled to Wichita to celebrate the second round of funding for Superfund sites from the Bipartisan Infrastructure Law,” said EPA Region 7 Administrator Meg McCollister. “That funding is now being put to work to clean up contamination in communities across our nation’s heartland.”

The presentation will be held:

Monday, Oct. 2, 2023
6:30 to 7:30 p.m.

Great Bend City Hall
1209 Williams St.
Great Bend, KS 67530

Background

The Plating Inc. Superfund Site sits within the airport industrial area in Barton County, Kansas, 1½ miles west of Great Bend. An inspection from the Kansas Department of Health and Environment (KDHE) determined that 6,400 gallons of chromic acid was on-site in 2007, along with other acids and hydroxides. The secondary containment was inadequate and chromic acid was found to have discharged into the soil. A 2-mile-long groundwater plume of hexavalent chromium has impacted domestic water wells and is moving toward Great Bend’s public water supply wells.

EPA has selected remedial designs for addressing the soil and groundwater contamination. The Agency anticipates that remedial actions – the construction or implementation phase of site cleanup – will begin in fall 2023.

Learn more about the Plating Inc. Superfund Site.

Learn more about Bipartisan Infrastructure Law funding for Superfund sites.

# # #

Learn more about EPA Region 7

View all Region 7 news releases

Connect with EPA Region 7 on Facebook

Follow us on Twitter: @EPARegion7

EPA penalizes American Seafoods Company almost $1M for Clean Water Act violations off Oregon, Washington coasts

SEATTLE (Sept. 28, 2023) -- The U.S. Environmental Protection Agency penalized American Seafoods Company LLC of Seattle and the owners of its fish-processing vessels nearly $1 million for significant violations of the Clean Water Act committed while harvesting and processing fish in the Pacific Ocean off the Oregon and Washington coast. 

EPA cited the companies for hundreds of violations including discharging waste in the protected Heceta/Stonewall Banks complex along the Oregon coast, failure to monitor its discharges and missing or inaccurate information in required annual reports. 

Discharge of seafood processing waste in prohibited areas and within the 100-meter depth contour of Washington and Oregon exacerbates already existing low-oxygen conditions which negatively impact most fishes, crabs and other marine life.  

EPA evaluated the compliance of the Oregon and Washington seafood processing industry and found that American Seafoods Company and the owners of its vessels stood apart from the other Oregon and Washington offshore fish processors in the number and severity of violations. The vessels are the American Dynasty, American Triumph, Northern Eagle, Northern Jaeger and Ocean Rover. 

In an Administrative Order on Consent effective Aug. 17, EPA requires the companies to conduct corporate-wide, systemic improvements to ensure compliance with its permits. In separate Consent Agreements, EPA also requires the companies pay $999,000 in penalties. 

“In amassing hundreds of violations from illegal discharges to sloppy and even non-existent record-keeping American Seafoods Company demonstrated a clear disregard for the fragile and valuable resources that sustain its business,” said Ed Kowalski, Director of EPA’s Enforcement and Compliance Assurance Division in Seattle. “When issuing a permit, EPA confers to the permit holder the responsibility to protect our nation’s resources. We expect the company-wide, systematic overhaul of its operations will re-focus American Seafoods Company on the true value of its permit, the importance of tracking compliance with the permit, and the resources that permit entrusts it with protecting.” 

Additional details can be found in the following documents: 

Consent Agreement and Final Order: American Seafood & American Dynasty  
Consent Agreement and Final Order: American Seafood & American Triumph 
Consent Agreement and Final Order: American Seafood & Northern Eagle
Consent Agreement and Final Order: American Seafood & Northern Jaeger
Consent Agreement and Final Order: American Seafood & Ocean Rover

Biden-Harris Administration Announces $100 Million in Grants to Support Manufacturers of Cleaner Construction Materials as Part of Investing in America Agenda

WASHINGTON – Today, the U.S. Environmental Protection Agency (EPA) announced the availability of $100 million in grants to support efforts to report and reduce climate pollution linked to the manufacturing of construction materials and products, which account for 11% of annual global greenhouse gas emissions. The funding through EPA’s new Reducing Embodied Greenhouse Gas Emissions for Construction Materials program will help manufacturers disclose environmental impacts across the life of a product and inform institutional purchasers who are prioritizing lower embodied carbon construction materials. Thanks to President Biden's Investing in America agenda, a key pillar of Bidenomics, the new program—created by the Inflation Reduction Act—supports the resurgence of sustainable American manufacturing.

“In order to reduce greenhouse gas emissions in construction materials and products, we must be able track and understand where they are,” said Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Michal Freedhoff. “These new grants through President Biden’s Investing in America agenda will help ensure manufacturers have access to the assistance they need to disclose and reduce emissions, thereby supporting thriving and healthy communities across America.”

“Today’s funding announcement from EPA is like the falling of small stones that starts an avalanche of industrial sector emissions reductions in the US,” said U.S. Senate Majority Leader Chuck Schumer (NY). “By shining a light on leading low and no carbon products, providing direct incentives to deeply decarbonize industrial facilities, and creating a market for these products, the IRA is driving down emissions in one of the hardest to abate sectors while supporting US jobs and industry. It’s just the latest example of how the Inflation Reduction Act is reducing carbon emissions and helping us meet our climate goals while creating good paying jobs here in America.”

“As we work to rebuild our nation’s infrastructure, we should be using materials and products produced in the most sustainable way possible, which more often than not are American-made,” said U.S. Senator Tom Carper (DE), Chairman of the Senate Environment and Public Works Committee. “Thanks to our investments in the Inflation Reduction Act, EPA is helping our nation’s companies to better understand and communicate the environmental impacts of their products. This will create new markets for American manufacturers making cleaner products and help reduce greenhouse gas emissions across our economy.”

This new grant program—Reducing Embodied Greenhouse Gas Emissions for Construction Materials and Products—will help businesses develop robust Environmental Product Declarations (EPDs) which disclose environmental impacts across the life of a product. Embodied greenhouse gas (GHG) emissions—also called embodied carbon—refers to the amount of GHG emissions associated with the extraction, production, transport, and manufacturing stages of a product's life. EPDs facilitate the reliable tracking of emissions associated with construction materials and products to inform procurement decisions.

EPA will provide grants to businesses that manufacture, remanufacture, and refurbish construction materials and products for developing and verifying EPDs, and to states, Tribes, and nonprofit organizations that will support such businesses. The EPDs generated through this grant program will make it easier for state and local governments—and other institutional buyers—to ensure the construction projects they fund are using low carbon construction materials.

EPA is working with other federal agencies as part of a broader initiative funded by the Inflation Reduction Act to address the embodied carbon of construction materials with the goal of substantially lowering the levels of embodied carbon and other greenhouse gas emissions. The Inflation Reduction Act also appropriated more than $2 billion to the General Services Administration to use low embodied carbon materials in the construction and renovation of federal buildings and $2 billion to the Federal Highway Administration to incentivize or reimburse the use of low embodied carbon construction materials in certain transportation projects. 

Billions of tons of concrete, asphalt, steel, glass, and other construction materials and products are required to build, maintain, and operate our country’s buildings and infrastructure. These new grants will support the historic investments made through the Bipartisan Infrastructure Law and Inflation Reduction Act to strengthen America’s infrastructure while advancing America's industrial capacity to supply the goods and materials of the future and growing good jobs for American workers.

Eligibility and Application Information

The deadline to apply to this grant competition is January 8, 2024. EPA requests the submittal of an optional Notice of Intent to apply by October 27, 2023, by sending an email to embodiedcarbon@epa.gov.

Eligible entities include:

Businesses that manufacture, remanufacture, and refurbish construction materials and products, and
States, Tribes, and nonprofit organizations that will support such businesses.
Under this program, EPA plans to award in Fiscal Year 2024 up to 40 grants and/or cooperative agreements, some which would enable funding and technical assistance to flow to hundreds of small businesses via subaward programs established by selected eligible applicants.

Funding amounts for individual grant and cooperative agreements are anticipated to be in the range of $250,000 to $10 million. In addition, EPA will consider subranges of grants in the amounts of $250,000 to $749,999; $750,000 to $4.99 million dollars; and $5 million to $10 million dollars.  

EPA has published the Notice of Funding Opportunity for this grant competition on grants.gov. Earlier this month, EPA published an assistance listing detailing key parameter of the program, which can be viewed at Sam.gov.

Informational Webinar

The grant program will host two webinars to provide information on this grant competition and the application process on November 2, 2023, from 2 – 3 pm ET and November 14, 2023, from 2 – 3 pm ET. Link to register for webinars.

Tools and resources for prospective grantees, including webinar recordings, links and helpful templates, can be found on EPA’s webpage.

EPA Finalizes Plan to Clean Up Contaminated Soil at CPS/Madison Superfund Site in Old Bridge, NJ

NEW YORK (September 28, 2023) - The U.S. Environmental Protection Agency (EPA) has issued a final cleanup plan to address contaminated soil at the CPS/Madison Superfund site in Old Bridge, New Jersey.

“Finalizing this clean-up plan brings us one step closer to addressing the contamination at this site to protect the people of Old Bridge,” said EPA Regional Administrator Lisa F. Garcia. “Our final plan will ensure that the contaminated soil is safely removed, and that the existing pavement cover or cap is maintained and monitored in the long term to prevent any further impacts.”

The final cleanup plan will address the soil contamination at the Madison property portion of the site. Most of the property is covered by pavement that acts as a cap, preventing the soil contaminants from spreading. Under the final cleanup plan the existing cap would remain in place.

The plan includes inspecting and repairing the cap if any areas are damaged, removing contaminated soil in unpaved areas and transporting it to a licensed disposal facility off-site for disposal. In addition, EPA will file a deed notice with property records to avoid future residential use. Finally, contractors will monitor sediment and surface water long-term to assess how effectively the actions are at preventing contaminants from getting into the water and sediment in the nearby creeks and river.

The CPS/Madison site covers 35 acres and includes two adjacent facilities: the now-inactive CPS Chemical plant property and the still-operating Madison Industries/Old Bridge Chemical property.

The Madison Industries facility produces chemicals for fertilizer, pharmaceuticals, and food additives, and the Old Bridge Chemicals facility, operated by a related company, produces zinc salts and copper sulfate. At the CPS facility, organic chemicals were used in the production of water treatment agents, lubricants, oil field chemicals, and anti-corrosive agents.

The site operations led to the release of chemicals, polluting the soil, sediment and groundwater with heavy metals and volatile organic compounds (VOCs). In 2019, EPA chose a plan to address contaminated site groundwater and soil at the CPS property. The engineering work needed to carry out that plan is underway.

Prior to finalizing the cleanup plan, which is called a Record of Decision, EPA held a public meeting and received public comments.

Visit the CPS/Madison Industries Old Bridge Township, NJ Superfund site profile page for additional background and site documents including EPA’s responses to the public comments that were received.

Follow EPA Region 2 on Twitter and visit our Facebook page. For more information about EPA Region 2, visit our website.

23-085