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.
Jaxport, Savannah closed; Charleston halts vessel moves as Idalia moves ashore
Ports along the southeast coast of the US were experiencing various stages of disruption after a major hurricane made landfall on Florida’s west coast.
Hopes for import rebound on trans-Pacific shift toward pre-Chinese New Year
US retailers historically stock up for the spring season and top off inventories following winter holiday depletion and before the Chinese New Year, but forwarders and carriers admit there’s no guarantee this time around.
Biden-Harris Administration Invests $266 Million to Help Rural Business Owners, Farmers and Ranchers Lower Energy Costs, Generate Income, and Expand Operations, as Part of Investing in America Agenda
WASHINGTON, Aug. 30, 2023 – U.S. Department of Agriculture (USDA) Secretary Tom Vilsack today announced that USDA is awarding $266 million in loans and grants to agriculture producers and rural small businesses to make investments in renewable energy and energy efficiency improvements that will lower their energy costs, generate new income, and strengthen the resilience of their operation.
Jaxport closed, Savannah halts vessel operations as Idalia moves ashore
Ports along the southeast coast of the US were experiencing various stages of disruption after a major hurricane made landfall on Florida’s west coast.
EPA New England Awards Nearly $3M to State of Maine for Comprehensive, Economy-wide Climate Mitigation Planning
BOSTON (Aug. 30, 2023) – The U.S. Environmental Protection Agency's (EPA) Region 1 is awarding a total of $3 million from the agency's Climate Pollution Reduction Grants (CPRG) program to the State of Maine.
The award given to the State of Maine will fund the development of plans and innovative strategies to cut climate pollution and build clean energy economies. Working in tandem with other programs also funded by the Inflation Reduction Act, CPRG provides flexible planning resources to local governments, states, Tribes, and territories for climate solutions that protect communities from pollution and advance environmental justice.
"Congratulations to the State of Maine for receiving nearly $3 million to develop comprehensive strategies to address climate change, reduce local air pollution, and build clean energy economies in their communities," said EPA New England Regional Administrator David W. Cash. "Thanks to the Inflation Reduction Act, and the Biden-Harris Administration's Investing in America agenda, underserved and overburdened communities will be meaningfully engaged to ensure they benefit from the creation of good jobs, lower energy costs, and cleaner air through the climate pollution mitigation measures planned through these grants."
Maine Governor Mills' Office of Policy, Innovation and Future applied for these funds on behalf of the State of Maine and is among 46 states across the nation that will be receiving up to $3 million in planning grant funds. Each state will use the funds to update existing climate, energy, or sustainability plans, or to develop new plans in collaboration with municipalities and communities across the state and conduct meaningful public engagement on the plan, focusing on low-income and disadvantaged communities.
This funding for climate planning will be followed later this year by a national grant competition for $4.6 billion in implementation grant funding that will support the expeditious implementation of investment-ready policies, programs and projects outlined in the CPRG planning grants to reduce greenhouse gas emissions in the near term.
About the Climate Pollution Reduction Grant Program
On March 1, EPA announced the availability of these funds, which are the first series of climate pollution funding opportunities for states, local governments, territories and Tribes under Section 60114 of the Inflation Reduction Act. The CPRG planning grants will support states, territories, Tribes, municipalities, and air agencies, in the creation of comprehensive, innovative strategies for reducing pollution and ensuring that investments maximize benefits, especially for low-income and disadvantaged communities. Through the CPRG program, EPA will support the development and deployment of technologies and solutions that will reduce greenhouse gas emissions and harmful air pollution, as well as transition America to a clean energy economy that benefits all Americans.
Climate plans will include:
Greenhouse gas emissions inventories.
Emissions projections and reduction targets.
Economic, health, and social benefits, including to low-income and disadvantaged communities.
Plans to leverage other sources of federal funding, including the Bipartisan Infrastructure Law and Inflation Reduction Act.
Workforce needs to support decarbonization and a clean energy economy.
Future government staffing and budget needs.
More information
Climate Pollution Reduction Grants
CPRG Planning Grant Program Guidances
Sign up for notifications about the Climate Pollution Reduction Grants
If you have questions about the CPRG program, please contact your EPA regional representative or email CPRG@epa.gov.
The award given to the State of Maine will fund the development of plans and innovative strategies to cut climate pollution and build clean energy economies. Working in tandem with other programs also funded by the Inflation Reduction Act, CPRG provides flexible planning resources to local governments, states, Tribes, and territories for climate solutions that protect communities from pollution and advance environmental justice.
"Congratulations to the State of Maine for receiving nearly $3 million to develop comprehensive strategies to address climate change, reduce local air pollution, and build clean energy economies in their communities," said EPA New England Regional Administrator David W. Cash. "Thanks to the Inflation Reduction Act, and the Biden-Harris Administration's Investing in America agenda, underserved and overburdened communities will be meaningfully engaged to ensure they benefit from the creation of good jobs, lower energy costs, and cleaner air through the climate pollution mitigation measures planned through these grants."
Maine Governor Mills' Office of Policy, Innovation and Future applied for these funds on behalf of the State of Maine and is among 46 states across the nation that will be receiving up to $3 million in planning grant funds. Each state will use the funds to update existing climate, energy, or sustainability plans, or to develop new plans in collaboration with municipalities and communities across the state and conduct meaningful public engagement on the plan, focusing on low-income and disadvantaged communities.
This funding for climate planning will be followed later this year by a national grant competition for $4.6 billion in implementation grant funding that will support the expeditious implementation of investment-ready policies, programs and projects outlined in the CPRG planning grants to reduce greenhouse gas emissions in the near term.
About the Climate Pollution Reduction Grant Program
On March 1, EPA announced the availability of these funds, which are the first series of climate pollution funding opportunities for states, local governments, territories and Tribes under Section 60114 of the Inflation Reduction Act. The CPRG planning grants will support states, territories, Tribes, municipalities, and air agencies, in the creation of comprehensive, innovative strategies for reducing pollution and ensuring that investments maximize benefits, especially for low-income and disadvantaged communities. Through the CPRG program, EPA will support the development and deployment of technologies and solutions that will reduce greenhouse gas emissions and harmful air pollution, as well as transition America to a clean energy economy that benefits all Americans.
Climate plans will include:
Greenhouse gas emissions inventories.
Emissions projections and reduction targets.
Economic, health, and social benefits, including to low-income and disadvantaged communities.
Plans to leverage other sources of federal funding, including the Bipartisan Infrastructure Law and Inflation Reduction Act.
Workforce needs to support decarbonization and a clean energy economy.
Future government staffing and budget needs.
More information
Climate Pollution Reduction Grants
CPRG Planning Grant Program Guidances
Sign up for notifications about the Climate Pollution Reduction Grants
If you have questions about the CPRG program, please contact your EPA regional representative or email CPRG@epa.gov.