EPA and Justice Department File Complaint Alleging Environmental Violations by eBay
WASHINGTON - Today, in federal court in Brooklyn, the U.S. Department of Justice, on behalf of EPA, filed a complaint against eBay Inc. (“eBay”) for unlawfully selling, offering for sale, causing the sale of, and distributing hundreds of thousands of products in violation of the Clean Air Act (“CAA”); the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”); and the Toxic Substances Control Act (“TSCA”).“Our nation’s environmental laws protect public health and the environment by prohibiting the unlawful sale of defeat devices; unregistered, misbranded and restricted use pesticides; and unsafe products containing toxic chemicals such as methylene chloride,” said Assistant Administrator David M. Uhlmann for EPA’s Office of Enforcement and Compliance Assurance. “The complaint filed today demonstrates that EPA will hold online retailers responsible for the unlawful sale of products on their websites that can harm consumers and the environment.”
“Laws that prohibit selling products that can severely harm human health and the environment apply to e-commerce retailers like eBay just as they do to brick-and-mortar stores,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “We are committed to preventing the unlawful sale and distribution of emissions defeating devices and dangerous chemicals that, if used improperly, can lead to dire consequences for individuals and communities.”
“eBay’s sale of emission control defeat devices, pesticides and other unsafe products poses unacceptable risks to our communities disproportionately impacted by environmental and health hazards,” said U.S. Attorney Breon Peace for the Eastern District of New York. “Together with our partners, this Office will vigorously enforce federal law against those whose conduct endangers public health and the environment.”The Clean Air Act prohibits selling, offering for sale, or causing the sale or offer of aftermarket parts that defeat motor vehicle emission controls (commonly known as “aftermarket defeat devices”). Today’s complaint alleges that eBay sold, offered for sale, or caused the sale of more than 343,000 such parts. Aftermarket defeat devices can cause motor vehicles to emit hundreds to thousands of times more pollution than a motor vehicle with properly functioning emission controls, including nitrogen oxides (“NOx”), carbon monoxide (“CO”), non-methane hydrocarbons (“NMHCs”), and particulate matter (“PM”), and impede efforts by the EPA, states, tribes, and local agencies to plan for and attain air quality standards. Exposure to these pollutants is linked to respiratory and cardiovascular health effects as well as premature death, among other things.FIFRA prohibits the unlawful distribution or sale of unregistered, misbranded, and restricted use pesticides, and authorizes EPA to issue Stop Sale, Use, or Removal Orders to anyone with ownership, custody or control of such pesticides being unlawfully sold or distributed. Today’s complaint also alleges that eBay has unlawfully distributed or sold at least 23,000 such products, and that some of those sales were in direct violation of a stop sale order issued to eBay in 2020 and amended in 2021. Examples of these pesticides include a high toxicity insecticide banned in the U.S., restricted use pesticides that only certified applicators may apply, and products fraudulently claiming to protect users against SARS-CoV-2.
TSCA’s Methylene Chloride Rule prohibits retailers from distributing in commerce products containing methylene chloride for paint and coating removal to prevent unreasonable risks, including death, presented by these types of products. The complaint alleges that eBay has distributed over 5,600 items in violation of TSCA’s Methylene Chloride Rule, including illicit paint and coating removal products.
The complaint seeks a ruling that eBay’s business practices as an e-commerce retailer violated the CAA, FIFRA, and TSCA and injunctive relief to enjoin eBay from further violations of these laws, as well as civil penalties for violations of the CAA.
“Laws that prohibit selling products that can severely harm human health and the environment apply to e-commerce retailers like eBay just as they do to brick-and-mortar stores,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “We are committed to preventing the unlawful sale and distribution of emissions defeating devices and dangerous chemicals that, if used improperly, can lead to dire consequences for individuals and communities.”
“eBay’s sale of emission control defeat devices, pesticides and other unsafe products poses unacceptable risks to our communities disproportionately impacted by environmental and health hazards,” said U.S. Attorney Breon Peace for the Eastern District of New York. “Together with our partners, this Office will vigorously enforce federal law against those whose conduct endangers public health and the environment.”The Clean Air Act prohibits selling, offering for sale, or causing the sale or offer of aftermarket parts that defeat motor vehicle emission controls (commonly known as “aftermarket defeat devices”). Today’s complaint alleges that eBay sold, offered for sale, or caused the sale of more than 343,000 such parts. Aftermarket defeat devices can cause motor vehicles to emit hundreds to thousands of times more pollution than a motor vehicle with properly functioning emission controls, including nitrogen oxides (“NOx”), carbon monoxide (“CO”), non-methane hydrocarbons (“NMHCs”), and particulate matter (“PM”), and impede efforts by the EPA, states, tribes, and local agencies to plan for and attain air quality standards. Exposure to these pollutants is linked to respiratory and cardiovascular health effects as well as premature death, among other things.FIFRA prohibits the unlawful distribution or sale of unregistered, misbranded, and restricted use pesticides, and authorizes EPA to issue Stop Sale, Use, or Removal Orders to anyone with ownership, custody or control of such pesticides being unlawfully sold or distributed. Today’s complaint also alleges that eBay has unlawfully distributed or sold at least 23,000 such products, and that some of those sales were in direct violation of a stop sale order issued to eBay in 2020 and amended in 2021. Examples of these pesticides include a high toxicity insecticide banned in the U.S., restricted use pesticides that only certified applicators may apply, and products fraudulently claiming to protect users against SARS-CoV-2.
TSCA’s Methylene Chloride Rule prohibits retailers from distributing in commerce products containing methylene chloride for paint and coating removal to prevent unreasonable risks, including death, presented by these types of products. The complaint alleges that eBay has distributed over 5,600 items in violation of TSCA’s Methylene Chloride Rule, including illicit paint and coating removal products.
The complaint seeks a ruling that eBay’s business practices as an e-commerce retailer violated the CAA, FIFRA, and TSCA and injunctive relief to enjoin eBay from further violations of these laws, as well as civil penalties for violations of the CAA.
Enhanced water quality tool for South Platte River publicly available
DENVER – A newly updated, online tool to assess contamination levels in the South Platte River and its tributaries can help scientists, officials, educators and the public better understand and improve water quality in the Denver metropolitan area.
Over the past year, the U.S. Environmental Protection Agency, Denver Water and members of the South Platte River Urban Waters Partnership improved functionality of the South Platte Water Quality Assessment Tool, or WQAT. This tool provides select water-quality information that is easily accessible through tables, maps or graphs. Enhancements to the WQAT include the ability to continuously upload new information from federal and state water-quality databases and incorporation of data from the Upper South Platte Watershed.
"With these updates, the WQAT helps Denver-area communities, including those that are overburdened and historically underserved, conveniently and easily track the quality of their water," said EPA engineer Stacey Eriksen.
Pollutants from urban water use can affect the health of people, plants, aquatic life and wildlife. The WQAT improves public access to water-quality data, furthers understanding of pollution and informs strategies to improve water quality on the South Platte River as it runs from its headwaters in Park County, Colorado, through the Denver metropolitan area.
“The updated WQAT will provide our customers, students, teachers and anyone interested in the South Platte River a way to connect to watershed water quality where they recreate and from where their drinking water supply originates,” said Alison Witheridge, a watershed scientist with Denver Water. “The technological updates funded by EPA, U.S. Forest Service and Denver Water provide a tool that will automatically update as new data is available and provide free, widespread access to this data.”
The WQAT update was coordinated by the South Platte River Urban Waters Partnership, which includes the EPA, Denver Water, U.S. Geological Survey, Metro Water Recovery and others. Learn more about the partnership in a new EPA video, or contact Sam Wallace for questions about the partnership at wallace@peakfacilitation.com.
Over the past year, the U.S. Environmental Protection Agency, Denver Water and members of the South Platte River Urban Waters Partnership improved functionality of the South Platte Water Quality Assessment Tool, or WQAT. This tool provides select water-quality information that is easily accessible through tables, maps or graphs. Enhancements to the WQAT include the ability to continuously upload new information from federal and state water-quality databases and incorporation of data from the Upper South Platte Watershed.
"With these updates, the WQAT helps Denver-area communities, including those that are overburdened and historically underserved, conveniently and easily track the quality of their water," said EPA engineer Stacey Eriksen.
Pollutants from urban water use can affect the health of people, plants, aquatic life and wildlife. The WQAT improves public access to water-quality data, furthers understanding of pollution and informs strategies to improve water quality on the South Platte River as it runs from its headwaters in Park County, Colorado, through the Denver metropolitan area.
“The updated WQAT will provide our customers, students, teachers and anyone interested in the South Platte River a way to connect to watershed water quality where they recreate and from where their drinking water supply originates,” said Alison Witheridge, a watershed scientist with Denver Water. “The technological updates funded by EPA, U.S. Forest Service and Denver Water provide a tool that will automatically update as new data is available and provide free, widespread access to this data.”
The WQAT update was coordinated by the South Platte River Urban Waters Partnership, which includes the EPA, Denver Water, U.S. Geological Survey, Metro Water Recovery and others. Learn more about the partnership in a new EPA video, or contact Sam Wallace for questions about the partnership at wallace@peakfacilitation.com.
Biden-Harris Administration Announces $13 Million WIFIA Loan for Water Supply Resiliency and Dam Stabilization in California
WASHINGTON – Today, the U.S. Environmental Protection Agency (EPA) announced a Water Infrastructure Finance and Innovation Act (WIFIA) loan totaling $13 million to the United Water Conservation District in Oxnard, California. This funding will support the planning and design to modernize the district’s largest surface water source, the Santa Felicia Dam, and expand the local drinking water supply by 20%. Since its creation, EPA’s WIFIA program has announced $19 billion in financing to support over 110 projects that are strengthening drinking water, wastewater, and stormwater infrastructure while creating over 60,000 jobs.“EPA’s WIFIA program provides long-term, low-cost loans that help communities like Ventura County, California save money and protect local water resources,” said EPA Administrator Michael S. Regan. “With historic funding through the Bipartisan Infrastructure Law and programs like WIFIA, the Biden-Harris Administration is investing in modernizing America’s water infrastructure, so every community has clean, safe and reliable access to water.”
The Santa Felicia Dam is categorized as an extremely high hazard due to risks associated with seismic events, and United Water Conservation District reduced its reservoir capacity by 20% to comply with seismic reservoir restrictions. This WIFIA loan supports the planning and design costs for the dam’s modernization, which will enhance its resiliency to seismic events, improve stormwater management, expand drinking water supply, and protect public safety. The project will be constructed under a future WIFIA loan and will include a new outlet works system, expansion of a dam spillway, and a new outlet channel.
“Securing this low-interest WIFIA loan for the first phase of the Santa Felicia Dam Safety Improvement Project allows the United Water Conservation District (UWCD) to begin the initial design and construction work that is required to meet the new safety standards established by the Federal Energy Regulatory Commission (FERC) and California’s Division of Safety of Dams,” said UWCD General Manager Mauricio Guardado. “The WIFIA loan reduces the financial burden on our rate payers while enhancing our ability to store more stormwater for groundwater recharge, provide more water resources for our growers and municipalities, protect the nearly 400,000 people, businesses and food growers below the Santa Felicia Dam and continues to support our sustainable water management practices.”
This initial WIFIA loan accelerates the project’s planning and design while establishing a long-term commitment under a $100 million WIFIA master agreement to finance future construction. The district will save approximately $5 million by financing with a WIFIA loan. Investing in the region’s infrastructure will create approximately 100 jobs.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.
The Santa Felicia Dam is categorized as an extremely high hazard due to risks associated with seismic events, and United Water Conservation District reduced its reservoir capacity by 20% to comply with seismic reservoir restrictions. This WIFIA loan supports the planning and design costs for the dam’s modernization, which will enhance its resiliency to seismic events, improve stormwater management, expand drinking water supply, and protect public safety. The project will be constructed under a future WIFIA loan and will include a new outlet works system, expansion of a dam spillway, and a new outlet channel.
“Securing this low-interest WIFIA loan for the first phase of the Santa Felicia Dam Safety Improvement Project allows the United Water Conservation District (UWCD) to begin the initial design and construction work that is required to meet the new safety standards established by the Federal Energy Regulatory Commission (FERC) and California’s Division of Safety of Dams,” said UWCD General Manager Mauricio Guardado. “The WIFIA loan reduces the financial burden on our rate payers while enhancing our ability to store more stormwater for groundwater recharge, provide more water resources for our growers and municipalities, protect the nearly 400,000 people, businesses and food growers below the Santa Felicia Dam and continues to support our sustainable water management practices.”
This initial WIFIA loan accelerates the project’s planning and design while establishing a long-term commitment under a $100 million WIFIA master agreement to finance future construction. The district will save approximately $5 million by financing with a WIFIA loan. Investing in the region’s infrastructure will create approximately 100 jobs.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.
CBP, Cabo Verde sign Customs Mutual Assistance Agreement
WASHINGTON – U.S. Customs and Border Protection signed a Customs Mutual Assistance Agreement (CMAA) with Cabo Verde today during the U.S.-Cabo Verde Trade Conference in Boston, Massachusetts.
CBP Deputy Executive Assistant Commissioner Mark…
CBP Deputy Executive Assistant Commissioner Mark…
Montreal’s uncertain mega-project opens window for Halifax, Saint John
Halifax and Saint John are expanding their container terminals as Class I railroads see an opportunity to serve major inland destinations from the Eastern Canadian ports.
Montreal’s uncertain mega-project opens window for Halifax, Saint John
Halifax and Saint John are expanding their container terminals as Class I railroads see an opportunity to serve major inland destinations from the Eastern Canadian ports.
Aggressive trans-Pac blank sailings likely through Lunar New Year amid freight downturn: sources
For importers and forwarders, the blank sailings mean the resulting schedule disruptions and “rolling” of cargo they are already experiencing at Asian load ports will force them to book more of their cargo with carriers they can count on to maintain schedule integrity.
USDA Expands Access to School Breakfast and Lunch for More Students
WASHINGTON, Sept. 26, 2023 – The U.S. Department of Agriculture today announced that it is giving an estimated 3,000 more school districts in high-need areas the option to serve breakfast and lunch to all students at no cost, by expanding the availability of the Community Eligibility Provision, commonly known as CEP.