EPA Selects Three Alaska Native Corporations for $2.5 Million to Assess and Clean Up Legacy Contamination on ANCSA Conveyed Lands
SEATTLE – Today the U.S. EPA announced that three Alaska Native Corporations were selected to receive $2.5 million in grant funding to assess and clean up legacy contamination on lands conveyed through the 1971 Alaska Native Claims Settlement Act. This funding, championed by Senator Lisa Murkowski, is the first funding awarded from the $20 million appropriated by Congress this year to assist Alaska tribal entities with addressing contamination on ANCSA lands that were contaminated at the time of conveyance
The funding selections were announced by EPA Administrator Michael S. Regan and Senator Murkowski in Fairbanks, Alaska during the fourth leg of the Administrator’s Journey to Justice through Alaska 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.
“One of the most important components of our Journey to Justice tour is the work to match federal resources to the community solutions we’ve seen on the ground. That’s why we’re excited to deploy these funds and help Alaska Native communities clean up the legacy contamination left behind on conveyed lands,” said EPA Administrator Michael S. Regan. “Thanks to Senator Murkowski’s leadership, we will work together with our federal, state, tribal and local partners, to invest in America and help many more Alaska Native communities address the long-standing health and economic burdens on their communities from this contamination.”
“It is a stain on the federal government that contaminated lands were transferred to Alaska natives as part of the commitment under ANCSA,” said Senator Lisa Murkowski. “The contaminants that remain on these lands remain a threat to Alaskans. It has long been a priority of mine to address this environmental injustice. As a senior appropriator, I created this new program to direct funds to assess and clean up these lands after years of inaction from the federal agencies.
“Now, the Ounalashka, Tyonek Native, and Ukpeaġvik Iñupiat Corporations have received the first grants from this new program to begin the cleanup process. Today’s announcement is just the start of promising news for tribal entities around the state, who are rightfully owed lands that are safe to use. I look forward to additional announcements from EPA in the near future that will support further efforts to improve the health and safety of Alaska communities.”
Three Alaska Native Corporations were selected in this initial round of funding from EPA’s Contaminated ANCSA Lands Program:
Ukpeaġvik Iñupiat Corporation has been selected to receive $582,345 from EPA’s Contaminated ANCSA Lands Program. Grant funds will be used to assess lands impacted by a fuel spill and conduct lead and asbestos testing and abatement at the former Naval Arctic Research Laboratory in Utqiaġvik.
“Ukpeaġvik Iñupiat Corporation is thrilled and honored to be one of the first organizations to be selected for the EPA's project funding aimed at addressing contaminated ANCSA lands,” said Ukpeaġvik Iñupiat Corporation President/CEO Dr. Pearl Brower. “The important work that is to come from the EPA Contaminated ANCSA Land Assistance Agreements resonates deeply with our core commitment to protecting our lands for future generations. It's our heritage and legacy that we strive to preserve, and in this endeavor, every step forward signifies a victory for us all.”
Tyonek Native Corporation has been selected to receive $1 million from EPA’s Contaminated ANCSA Lands Program. Grant funds will be used to conduct an inventory, characterization and decommissioning of abandoned drums and cleanup of any remaining petroleum and other surface contaminants on the Iniskin Peninsula.
“We are pleased to be among the first grant recipients through this program enabling the cleanup of these conveyed contaminated sites,” said Tyonek Native Corporation CEO Stephen Peskosky. “The Iniskin area is important to the Tyonek community and many adjacent ecosystems. We look forward to completion of this project and seeing our lands returned to their natural splendor.”
Ounalashka Corporation has been selected to receive $1 million from EPA’s Contaminated ANCSA Lands Program. Grant funds will be used to remove soils contaminated with PCBs and conduct an initial round of soil and groundwater sampling at a WWII-era warehouse in Dutch Harbor.
“The Ounalashka Corporation is pleased to be one of EPA’s first selections for contaminated ANCSA lands project funding,” said Ounalashka Corporation President Denise Rankin. “OC recently celebrated its 50th Anniversary and was entitled to 115,000 acres of land on Unalaska, Amaknak, and Sedanka Islands when we were established under the Alaska Native Claims Settlement Act. As with many other ANCSA lands, several sections of the land deeded to OC were contaminated lands from the actions of the WWII Aleutian Islands campaign. OC had struggled with the means to clean-up its lands and the costs only continue to increase.
“We are especially thankful to Senator Murkowski for holding the congressional field hearing in Unalaska bringing the issue to the forefront. We are also thankful to EPA for taking the lead on these clean-up efforts. Thanks to the ANCSA Contaminated lands grant, we will finally be able to clean the land around Building 551 of PCB contamination making for a healthier environment for our shareholders, tribal members, and the community. Thank you again EPA for your selection of OC and assistance with the award.”
Background
In the fiscal year 2023 omnibus bill, Congress appropriated $20 million for EPA to establish and implement a grant program to assist Alaska tribal entities with addressing contamination on ANCSA lands that were contaminated at the time of conveyance. These grants can be used for assessment and remediation of the contaminated sites, and to support related community outreach.
Eligible tribal entities include Alaska Native Regional corporations, Alaska Native Village corporations, federally recognized tribes in Alaska, Alaska Native nonprofit organizations and associations, and inter-tribal consortia comprised of Alaskan tribal entities.
EPA expects to select additional projects for funding in late 2023 or in 2024. More information about contaminated ANCSA lands funding is available on EPA's ANCSA program website.
History
The Alaska Native Claims Settlement Act was enacted in 1971 to settle aboriginal claims to public lands through the conveyance of 44 million acres of land to Alaska Native regional and village corporations and the transfer of one billion dollars from the state and federal governments as compensation for remaining claims.
Some of these lands were contaminated prior to conveyance (transfer) from a variety of activities such as fuel storage, power generation, waste handling practices, mining, and other activities. The contaminants on some of these lands— arsenic, asbestos, lead, mercury, pesticides, PCBs, and petroleum products—pose health concerns to Alaska Native communities, negatively impact subsistence resources, and hamper economic activity.
Since that time, EPA, Department of Defense, U.S. Army Corps of Engineers, Department of the Interior, Bureau of Land Management, and others have been working to improve collaboration across the federal government and working with the State of Alaska and Alaska Native communities to leverage resources and expertise to accelerate investigation and cleanup of contaminated ANCSA lands.
The funding selections were announced by EPA Administrator Michael S. Regan and Senator Murkowski in Fairbanks, Alaska during the fourth leg of the Administrator’s Journey to Justice through Alaska 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.
“One of the most important components of our Journey to Justice tour is the work to match federal resources to the community solutions we’ve seen on the ground. That’s why we’re excited to deploy these funds and help Alaska Native communities clean up the legacy contamination left behind on conveyed lands,” said EPA Administrator Michael S. Regan. “Thanks to Senator Murkowski’s leadership, we will work together with our federal, state, tribal and local partners, to invest in America and help many more Alaska Native communities address the long-standing health and economic burdens on their communities from this contamination.”
“It is a stain on the federal government that contaminated lands were transferred to Alaska natives as part of the commitment under ANCSA,” said Senator Lisa Murkowski. “The contaminants that remain on these lands remain a threat to Alaskans. It has long been a priority of mine to address this environmental injustice. As a senior appropriator, I created this new program to direct funds to assess and clean up these lands after years of inaction from the federal agencies.
“Now, the Ounalashka, Tyonek Native, and Ukpeaġvik Iñupiat Corporations have received the first grants from this new program to begin the cleanup process. Today’s announcement is just the start of promising news for tribal entities around the state, who are rightfully owed lands that are safe to use. I look forward to additional announcements from EPA in the near future that will support further efforts to improve the health and safety of Alaska communities.”
Three Alaska Native Corporations were selected in this initial round of funding from EPA’s Contaminated ANCSA Lands Program:
Ukpeaġvik Iñupiat Corporation has been selected to receive $582,345 from EPA’s Contaminated ANCSA Lands Program. Grant funds will be used to assess lands impacted by a fuel spill and conduct lead and asbestos testing and abatement at the former Naval Arctic Research Laboratory in Utqiaġvik.
“Ukpeaġvik Iñupiat Corporation is thrilled and honored to be one of the first organizations to be selected for the EPA's project funding aimed at addressing contaminated ANCSA lands,” said Ukpeaġvik Iñupiat Corporation President/CEO Dr. Pearl Brower. “The important work that is to come from the EPA Contaminated ANCSA Land Assistance Agreements resonates deeply with our core commitment to protecting our lands for future generations. It's our heritage and legacy that we strive to preserve, and in this endeavor, every step forward signifies a victory for us all.”
Tyonek Native Corporation has been selected to receive $1 million from EPA’s Contaminated ANCSA Lands Program. Grant funds will be used to conduct an inventory, characterization and decommissioning of abandoned drums and cleanup of any remaining petroleum and other surface contaminants on the Iniskin Peninsula.
“We are pleased to be among the first grant recipients through this program enabling the cleanup of these conveyed contaminated sites,” said Tyonek Native Corporation CEO Stephen Peskosky. “The Iniskin area is important to the Tyonek community and many adjacent ecosystems. We look forward to completion of this project and seeing our lands returned to their natural splendor.”
Ounalashka Corporation has been selected to receive $1 million from EPA’s Contaminated ANCSA Lands Program. Grant funds will be used to remove soils contaminated with PCBs and conduct an initial round of soil and groundwater sampling at a WWII-era warehouse in Dutch Harbor.
“The Ounalashka Corporation is pleased to be one of EPA’s first selections for contaminated ANCSA lands project funding,” said Ounalashka Corporation President Denise Rankin. “OC recently celebrated its 50th Anniversary and was entitled to 115,000 acres of land on Unalaska, Amaknak, and Sedanka Islands when we were established under the Alaska Native Claims Settlement Act. As with many other ANCSA lands, several sections of the land deeded to OC were contaminated lands from the actions of the WWII Aleutian Islands campaign. OC had struggled with the means to clean-up its lands and the costs only continue to increase.
“We are especially thankful to Senator Murkowski for holding the congressional field hearing in Unalaska bringing the issue to the forefront. We are also thankful to EPA for taking the lead on these clean-up efforts. Thanks to the ANCSA Contaminated lands grant, we will finally be able to clean the land around Building 551 of PCB contamination making for a healthier environment for our shareholders, tribal members, and the community. Thank you again EPA for your selection of OC and assistance with the award.”
Background
In the fiscal year 2023 omnibus bill, Congress appropriated $20 million for EPA to establish and implement a grant program to assist Alaska tribal entities with addressing contamination on ANCSA lands that were contaminated at the time of conveyance. These grants can be used for assessment and remediation of the contaminated sites, and to support related community outreach.
Eligible tribal entities include Alaska Native Regional corporations, Alaska Native Village corporations, federally recognized tribes in Alaska, Alaska Native nonprofit organizations and associations, and inter-tribal consortia comprised of Alaskan tribal entities.
EPA expects to select additional projects for funding in late 2023 or in 2024. More information about contaminated ANCSA lands funding is available on EPA's ANCSA program website.
History
The Alaska Native Claims Settlement Act was enacted in 1971 to settle aboriginal claims to public lands through the conveyance of 44 million acres of land to Alaska Native regional and village corporations and the transfer of one billion dollars from the state and federal governments as compensation for remaining claims.
Some of these lands were contaminated prior to conveyance (transfer) from a variety of activities such as fuel storage, power generation, waste handling practices, mining, and other activities. The contaminants on some of these lands— arsenic, asbestos, lead, mercury, pesticides, PCBs, and petroleum products—pose health concerns to Alaska Native communities, negatively impact subsistence resources, and hamper economic activity.
Since that time, EPA, Department of Defense, U.S. Army Corps of Engineers, Department of the Interior, Bureau of Land Management, and others have been working to improve collaboration across the federal government and working with the State of Alaska and Alaska Native communities to leverage resources and expertise to accelerate investigation and cleanup of contaminated ANCSA lands.
ILWU ratifies new labor contract with West Coast waterfront employers
Some 75% of union members participating in the vote agreed to ratify the tentative contract that was reached in mid-June, opening the door to labor peace at West Coast ports at least through mid-2028.
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Given the short duration of the port and terminal closures, impacts appeared minimal as Jacksonville, Savannah and Charleston resumed normal operations.
La EPA extiende el período de comentario público sobre el plan de limpieza propuesto para el Lugar Superfondo The Battery Recycling Company en Arecibo, Puerto Rico
NEW YORK – La Agencia de Protección Ambiental de los Estado Unidos (USEPA, por sus siglas en inglés) extendió el período de comentario público sobre su plan de limpieza propuesto para abordar el suelo contaminado con plomo y el agua subterránea en el Lugar Superfondo The Battery Recycling Company (BRC) en Arecibo, Puerto Rico, hasta el 16 de octubre de 2023. La EPA celebró una reunión pública en Casa Ulanga, Calle Gonzalo Marín #7 el 29 de agosto de 2023, para explicar el plan propuesto al público.
La limpieza descrita en el plan propuesto atenderá el suelo contaminado restante y el agua subterránea dentro y fuera de la propiedad del Lugar. Según el plan propuesto, la EPA eliminará el suelo contaminado que se encuentra fuera y dentro del sitio para su tratamiento y contención. El suelo tratado fuera y dentro del Lugar se almacenaría en un área segura y restringida en la antigua instalación. La EPA también monitoreará las aguas subterráneas y limitará el acceso a éstas a través de leyes y regulaciones existentes en Puerto Rico, al igual que con notificaciones a los gobiernos locales y asegurar que el uso futuro de los terrenos no conflija con las metas de limpieza a largo plazo.
La propiedad principal en el Lugar operaba como una instalación de fundición secundaria de plomo y reciclaje de baterías hasta 2014. Antes de la operación de fundición secundaria de plomo, el Lugar se utilizó para fabricar productos químicos orgánicos para producir ácido fumárico y ácido ftálico. Estas actividades dejaron altos niveles de plomo y otros contaminantes en el suelo y las aguas subterráneas que presentaban un riesgo inmediato para la salud humana. En 2011, la EPA formalizó una orden con BRC. para limpiar las áreas de contaminación por plomo en el Lugar. Sin embargo, cuando la compañía no pudo terminar el trabajo, la EPA se hizo cargo de la limpieza y eliminó la contaminación por plomo de los hogares, vehículos y praderas cerca de los empleados. La EPA también descontaminó la instalación para evitar una mayor propagación del plomo. La EPA agregó el Lugar a la Lista Nacional de Prioridades en 2017 y terminó sus primeras actividades de limpieza en 2022.
Los comentarios escritos sobre el plan propuesto pueden enviarse por correo postal a Zolymar Luna Díaz, gerente de proyectos de recuperación, Agencia de Protección Ambiental de Estados Unidos Región 2, División de Protección Ambiental del Caribe #48 Rd, PR-165 Km 1.2 Citi View Plaza II, Suite 7000 Guaynabo, P.R. 00968-8069, correo electrónico: Luna.Zolymar@epa.gov.
Para obtener información adicional y ver el plan de limpieza propuesto, visite la página de perfil del sitio Superfondo de Battery Recycling Company.
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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La limpieza descrita en el plan propuesto atenderá el suelo contaminado restante y el agua subterránea dentro y fuera de la propiedad del Lugar. Según el plan propuesto, la EPA eliminará el suelo contaminado que se encuentra fuera y dentro del sitio para su tratamiento y contención. El suelo tratado fuera y dentro del Lugar se almacenaría en un área segura y restringida en la antigua instalación. La EPA también monitoreará las aguas subterráneas y limitará el acceso a éstas a través de leyes y regulaciones existentes en Puerto Rico, al igual que con notificaciones a los gobiernos locales y asegurar que el uso futuro de los terrenos no conflija con las metas de limpieza a largo plazo.
La propiedad principal en el Lugar operaba como una instalación de fundición secundaria de plomo y reciclaje de baterías hasta 2014. Antes de la operación de fundición secundaria de plomo, el Lugar se utilizó para fabricar productos químicos orgánicos para producir ácido fumárico y ácido ftálico. Estas actividades dejaron altos niveles de plomo y otros contaminantes en el suelo y las aguas subterráneas que presentaban un riesgo inmediato para la salud humana. En 2011, la EPA formalizó una orden con BRC. para limpiar las áreas de contaminación por plomo en el Lugar. Sin embargo, cuando la compañía no pudo terminar el trabajo, la EPA se hizo cargo de la limpieza y eliminó la contaminación por plomo de los hogares, vehículos y praderas cerca de los empleados. La EPA también descontaminó la instalación para evitar una mayor propagación del plomo. La EPA agregó el Lugar a la Lista Nacional de Prioridades en 2017 y terminó sus primeras actividades de limpieza en 2022.
Los comentarios escritos sobre el plan propuesto pueden enviarse por correo postal a Zolymar Luna Díaz, gerente de proyectos de recuperación, Agencia de Protección Ambiental de Estados Unidos Región 2, División de Protección Ambiental del Caribe #48 Rd, PR-165 Km 1.2 Citi View Plaza II, Suite 7000 Guaynabo, P.R. 00968-8069, correo electrónico: Luna.Zolymar@epa.gov.
Para obtener información adicional y ver el plan de limpieza propuesto, visite la página de perfil del sitio Superfondo de Battery Recycling Company.
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 Extends Public Comment Period on Proposed Cleanup Plan for Battery Recycling Company Superfund Site in Arecibo, Puerto Rico
NEW YORK - The U.S. Environmental Protection Agency (EPA) has extended the public comment period for its proposed cleanup plan to address lead-contaminated soil and groundwater at the Battery Recycling Company Superfund Site in Arecibo, Puerto Rico to October 16, 2023. EPA held a public meeting at Casa Ulanga, Calle Gonzalo Marin #7 on August 29, 2023, to explain the proposed plan to the public.
The cleanup outlined in the proposed plan will address remaining contaminated soil and groundwater on and off the property that is the source of the site contamination. Under the proposed plan, EPA would remove contaminated soil for treatment and containment. Treated soil would be stored in a secure and restricted area at the source property, the former operations of The Battery Recycling Company, Inc. (BRC). EPA would also monitor the groundwater and limit the public’s access to groundwater through existing Puerto Rico laws and regulations as well as notifications to local governments and ensure future land use does not conflict with long-term cleanup goals.
The main property at the site was operated as a secondary lead smelter and battery recycling operation until 2014. Prior to the secondary lead smelting operation, the site was used for the manufacture of organic chemicals to produce fumaric acid and phthalic acid. These activities left behind high levels of lead and other contaminants in the soil and groundwater. The lead in soil presented an immediate risk to human health. In 2011, EPA entered into an order with then-operator, BRC, to clean areas of lead contamination at the source property under EPA oversight. However, when the company failed to finish the work, EPA took over the cleanup and removed lead contamination from employee’s homes, vehicles, and nearby pastures. EPA also decontaminated the source property to limit the further spread of lead. EPA added the site to the Superfund National Priorities List in 2017 and commenced a cleanup investigation of the site. EPA finished its early cleanup activities in 2022. The cleanup investigation along with an analysis of cleanup alternatives, led to the proposed cleanup plan announced today.
Written comments on the proposed plan may be mailed or emailed to Zolymar Luna Díaz, Remedial Project Manager, U.S. Environmental Protection Agency Region 2, Caribbean Environmental Protection Division #48 Rd, PR-165 Km 1.2 Citi View Plaza II, Suite 7000 Guaynabo, P.R. 00968-8069, Email: Luna.Zolymar@epa.gov.
For additional background and to see the proposed cleanup plan, visit the Battery Recycling Company Superfund site profile page.
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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The cleanup outlined in the proposed plan will address remaining contaminated soil and groundwater on and off the property that is the source of the site contamination. Under the proposed plan, EPA would remove contaminated soil for treatment and containment. Treated soil would be stored in a secure and restricted area at the source property, the former operations of The Battery Recycling Company, Inc. (BRC). EPA would also monitor the groundwater and limit the public’s access to groundwater through existing Puerto Rico laws and regulations as well as notifications to local governments and ensure future land use does not conflict with long-term cleanup goals.
The main property at the site was operated as a secondary lead smelter and battery recycling operation until 2014. Prior to the secondary lead smelting operation, the site was used for the manufacture of organic chemicals to produce fumaric acid and phthalic acid. These activities left behind high levels of lead and other contaminants in the soil and groundwater. The lead in soil presented an immediate risk to human health. In 2011, EPA entered into an order with then-operator, BRC, to clean areas of lead contamination at the source property under EPA oversight. However, when the company failed to finish the work, EPA took over the cleanup and removed lead contamination from employee’s homes, vehicles, and nearby pastures. EPA also decontaminated the source property to limit the further spread of lead. EPA added the site to the Superfund National Priorities List in 2017 and commenced a cleanup investigation of the site. EPA finished its early cleanup activities in 2022. The cleanup investigation along with an analysis of cleanup alternatives, led to the proposed cleanup plan announced today.
Written comments on the proposed plan may be mailed or emailed to Zolymar Luna Díaz, Remedial Project Manager, U.S. Environmental Protection Agency Region 2, Caribbean Environmental Protection Division #48 Rd, PR-165 Km 1.2 Citi View Plaza II, Suite 7000 Guaynabo, P.R. 00968-8069, Email: Luna.Zolymar@epa.gov.
For additional background and to see the proposed cleanup plan, visit the Battery Recycling Company Superfund site profile page.
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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Tadano Group to Pay $40 Million to Settle Clean Air Act Violations After Selling Noncompliant Diesel Engines
WASHINGTON – Today, the Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that Japan-based Tadano Ltd. and its subsidiaries – known collectively as the Tadano Group – will pay a $40 million civil penalty and contribute an additional $3.2 million to reduce diesel emissions to resolve allegations that it violated Title II of the Clean Air Act (CAA). EPA and the Justice Department worked together to negotiate the settlement, which resolves allegations that Tadano Group imported and sold nonroad cranes with diesel engines not certified to applicable CAA emission standards, and that Tadano Group violated related CAA and regulatory requirements, resulting in the release of excess carcinogenic diesel exhaust containing nitrogen oxides (NOx) and particulate matter (PM).
“Diesel exhaust is one of the dirtiest forms of pollution,” said Assistant Administrator David M. Uhlmann for EPA’s Office of Enforcement and Compliance Assurance. “Exposure to diesel exhaust is linked to serious health conditions, including asthma and respiratory illness, and those health risks are increased by engines that fail to meet emission standards. This settlement should send a clear message that EPA will continue to vigorously enforce against companies that sell illegal diesel engines, including nonroad engines.”
“Tadano Group imported and sold giant cranes with engines that didn’t carry valid EPA certificates of conformity, flouting federal law that protects the public from harmful emissions,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This settlement holds Tadano accountable for its violations and requires completion of a project that will improve the quality of life for those living in the Port Arthur, Texas area.”
Tadano Group will also spend $3.2 million on a project to mitigate the harm caused by excess NOx and PM emissions from its noncompliant crane engines by retiring and replacing a 1975 tugboat with a new, cleaner tugboat to service ships in the Port of Port Arthur, Texas. The old tugboat has outdated diesel engines which release unnecessary pollution near low-income communities with environmental justice concerns. The new tugboat will have up-to-date, Tier 4 engines, preventing the release of an estimated 2,075 tons of NOx emissions and more than 22 tons of PM emissions over 20 years. The Port of Port Arthur is near the Tadano America Corp. facility in Houston, TX.
The complaint against Tadano Group alleges that, between 2011 and 2017, Tadano sold nonroad cranes with at least 269 diesel engines that violated the CAA because the engines were not covered by current EPA-issued certificates of conformity, nor did the engines qualify for a limited exemption under EPA’s Transition Program for Equipment Manufacturers. The Tadano Group also did not comply with CAA reporting, bonding, and fuel inlet labelling requirements. The Tadano Group includes Germany-based Tadano Faun GmbH, Tennessee-based Tadano Mantis Corp. and Texas-based Tadano America Corp.
The Environment and Natural Resources Division’s Environmental Enforcement Section filed the complaint and lodged the proposed consent decree on behalf of the EPA in the U.S. District Court for the Southern District of Texas. The settlement is subject to a public comment period and final court approval. The consent decree will be available for viewing here: www.justice.gov/enrd/consent-decrees.
“Diesel exhaust is one of the dirtiest forms of pollution,” said Assistant Administrator David M. Uhlmann for EPA’s Office of Enforcement and Compliance Assurance. “Exposure to diesel exhaust is linked to serious health conditions, including asthma and respiratory illness, and those health risks are increased by engines that fail to meet emission standards. This settlement should send a clear message that EPA will continue to vigorously enforce against companies that sell illegal diesel engines, including nonroad engines.”
“Tadano Group imported and sold giant cranes with engines that didn’t carry valid EPA certificates of conformity, flouting federal law that protects the public from harmful emissions,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This settlement holds Tadano accountable for its violations and requires completion of a project that will improve the quality of life for those living in the Port Arthur, Texas area.”
Tadano Group will also spend $3.2 million on a project to mitigate the harm caused by excess NOx and PM emissions from its noncompliant crane engines by retiring and replacing a 1975 tugboat with a new, cleaner tugboat to service ships in the Port of Port Arthur, Texas. The old tugboat has outdated diesel engines which release unnecessary pollution near low-income communities with environmental justice concerns. The new tugboat will have up-to-date, Tier 4 engines, preventing the release of an estimated 2,075 tons of NOx emissions and more than 22 tons of PM emissions over 20 years. The Port of Port Arthur is near the Tadano America Corp. facility in Houston, TX.
The complaint against Tadano Group alleges that, between 2011 and 2017, Tadano sold nonroad cranes with at least 269 diesel engines that violated the CAA because the engines were not covered by current EPA-issued certificates of conformity, nor did the engines qualify for a limited exemption under EPA’s Transition Program for Equipment Manufacturers. The Tadano Group also did not comply with CAA reporting, bonding, and fuel inlet labelling requirements. The Tadano Group includes Germany-based Tadano Faun GmbH, Tennessee-based Tadano Mantis Corp. and Texas-based Tadano America Corp.
The Environment and Natural Resources Division’s Environmental Enforcement Section filed the complaint and lodged the proposed consent decree on behalf of the EPA in the U.S. District Court for the Southern District of Texas. The settlement is subject to a public comment period and final court approval. The consent decree will be available for viewing here: www.justice.gov/enrd/consent-decrees.
EPA Fines Grocery Outlet $392,000 for Sale of Products Claiming to Be “Sterilizing” But Not Tested or Registered
SAN FRANCISCO – The U.S. Environmental Protection Agency (EPA) today announced a settlement with Grocery Outlet Inc. resolving claims that the company violated federal law for the sale and distribution in California of four kinds of wet wipes and a cleaning product that were not registered with EPA. The agency will not register a disinfectant or sterilizer until it is determined to be effective and not posing an unreasonable risk to consumers when used according to the label directions. Products not registered with EPA can be harmful to human health, cause adverse effects, and may not be effective against the spread of germs.
As part of the settlement, Grocery Outlet will pay a $392,000 penalty. Between October 24, 2020, and May 30, 2021, the company sold the unregistered products at its stores in Redwood City and Oakland and distributed them to independently operated Grocery Outlet stores, including in Stockton and Concord.
“Unregistered products claiming to be disinfectants or sterilizers, like the kinds sold by Grocery Outlet in California can defraud the public and threaten human health,” said EPA Pacific Southwest Enforcement and Compliance Assurance Division Director Amy Miller. “This settlement shows EPA’s continued commitment to enforcing laws that protect consumers from potential health risks and fraudulent claims.”
The unregistered products are:
Love of Dream Antibacterial Wipes
Fabuloso Orange Energy Cleaner
Miami Sterilizing Antiseptic Wipes
Miami 75% Alcohol Wipes
Gold Essence Multi-Purpose Antibacterial Wet Wipes
The wet wipes that Grocery Outlet sold and distributed claimed to sterilize or kill germs and bacteria on surfaces and the cleaning product claimed to be effective against bacteria such as E. coli. Under the Federal Insecticide, Fungicide, and Rodenticide Act, products that claim to kill or repel bacteria or germs, including disinfectants and sterilizers, are considered pesticides and must be registered with the EPA. The term “sterilizing” is a claim attributed to pesticide products with the highest level of efficacy against microorganisms. Public health claims can only be made regarding products that have been properly tested and are registered with the EPA.
Learn more about the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
Read more about pesticide registration and view the most up-to-date list of EPA-registered disinfectant products.
Learn more about EPA's Pacific Southwest Region. Connect with us on Facebook and on X.
As part of the settlement, Grocery Outlet will pay a $392,000 penalty. Between October 24, 2020, and May 30, 2021, the company sold the unregistered products at its stores in Redwood City and Oakland and distributed them to independently operated Grocery Outlet stores, including in Stockton and Concord.
“Unregistered products claiming to be disinfectants or sterilizers, like the kinds sold by Grocery Outlet in California can defraud the public and threaten human health,” said EPA Pacific Southwest Enforcement and Compliance Assurance Division Director Amy Miller. “This settlement shows EPA’s continued commitment to enforcing laws that protect consumers from potential health risks and fraudulent claims.”
The unregistered products are:
Love of Dream Antibacterial Wipes
Fabuloso Orange Energy Cleaner
Miami Sterilizing Antiseptic Wipes
Miami 75% Alcohol Wipes
Gold Essence Multi-Purpose Antibacterial Wet Wipes
The wet wipes that Grocery Outlet sold and distributed claimed to sterilize or kill germs and bacteria on surfaces and the cleaning product claimed to be effective against bacteria such as E. coli. Under the Federal Insecticide, Fungicide, and Rodenticide Act, products that claim to kill or repel bacteria or germs, including disinfectants and sterilizers, are considered pesticides and must be registered with the EPA. The term “sterilizing” is a claim attributed to pesticide products with the highest level of efficacy against microorganisms. Public health claims can only be made regarding products that have been properly tested and are registered with the EPA.
Learn more about the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
Read more about pesticide registration and view the most up-to-date list of EPA-registered disinfectant products.
Learn more about EPA's Pacific Southwest Region. Connect with us on Facebook and on X.
EPA Announces Partnership with Paul Quinn College Through MOU Signing
DALLAS, TEXAS (August 31, 2023) – The U.S. Environmental Protection Agency and the Paul Quinn College (PQC) located in Dallas, Texas, have agreed to enter a Memorandum of Understanding (MOU) to share environmental knowledge, provide quality Science Technology Engineering, and Mathematics (STEM) knowledge and provide mentoring and recruiting opportunities.
“Paul Quinn College is a leader in environmental justice and is making great strides in communities across Dallas,” said Regional Administrator Dr. Earthea Nance. “With this MOU signing, EPA hopes to deepen our work with Paul Quinn students and faculty on environmental research and to raise awareness about local and national environmental issues.”
Paul Quinn College was founded in 1872 and has re-defined itself several times throughout its lifetime. Originally stationed in the city of Austin and then Waco, PQC decided to relocate the college to Dallas in 1990. It has grown to receive nationwide recognition and is one of the first urban colleges which requires students to work to obtain real world experience and then incorporate that experience into its learning curriculum. Under direction from the current President Dr. Michael J. Sorrell, PQC has prioritized environmental goals in the local communities and pushed for utilizing its local research center to its full capacity. PQC has even established its own environmental group called, the Paul Quinn College Green Team which has an objective to find solutions to long-standing local environmental health issues.
The MOU outlines several ways to establish cooperation between EPA and PQC, such as EPA attending career fairs at the campus and offering mentorship opportunities for PQC students. Both organizations have demonstrated and expressed an interest in advancing environmental justice in communities. EPA will provide opportunities for PQC’s participation in public activities where EPA is actively engaged with communities to address potential environmental impacts.
The MOU was signed by Regional Administrator Dr. Earthea Nance and Paul Quinn College President Dr. Michael J. Sorrell on the college campus on August 31st.
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“Paul Quinn College is a leader in environmental justice and is making great strides in communities across Dallas,” said Regional Administrator Dr. Earthea Nance. “With this MOU signing, EPA hopes to deepen our work with Paul Quinn students and faculty on environmental research and to raise awareness about local and national environmental issues.”
Paul Quinn College was founded in 1872 and has re-defined itself several times throughout its lifetime. Originally stationed in the city of Austin and then Waco, PQC decided to relocate the college to Dallas in 1990. It has grown to receive nationwide recognition and is one of the first urban colleges which requires students to work to obtain real world experience and then incorporate that experience into its learning curriculum. Under direction from the current President Dr. Michael J. Sorrell, PQC has prioritized environmental goals in the local communities and pushed for utilizing its local research center to its full capacity. PQC has even established its own environmental group called, the Paul Quinn College Green Team which has an objective to find solutions to long-standing local environmental health issues.
The MOU outlines several ways to establish cooperation between EPA and PQC, such as EPA attending career fairs at the campus and offering mentorship opportunities for PQC students. Both organizations have demonstrated and expressed an interest in advancing environmental justice in communities. EPA will provide opportunities for PQC’s participation in public activities where EPA is actively engaged with communities to address potential environmental impacts.
The MOU was signed by Regional Administrator Dr. Earthea Nance and Paul Quinn College President Dr. Michael J. Sorrell on the college campus on August 31st.
Connect with the Environmental Protection Agency Region 6 on Facebook, Twitter, or visit our homepage.