FMC ‘refusal of service’ rule risks overreacting to pandemic market
The proposed rulemaking shows how far the pendulum of power has swung in favor of shippers seeking to hold carriers accountable for practices that occurred during the pandemic, but which were rarely experienced prior to that period, writes Peter Tirschwell.
EPA Deletes Smithtown Ground Water Contamination Site from the National Priorities List
NEW YORK (August 17, 2023) – The U.S. Environmental Protection Agency (EPA) has deleted the Smithtown Groundwater Contamination Superfund site in Smithtown, New York, from the National Priorities List (NPL) of Superfund sites. EPA has determined all cleanup work has been completed and that no further federal action is required at the site.
“A few decades ago, people were drinking the contaminated groundwater at this site, but thanks to our Superfund program EPA was able to quickly give them a safe and permanent source of drinking water, allowing the aquifer time to recover.” said EPA Regional Administrator Lisa F. Garcia. “Contamination levels in the groundwater have fallen to a level that meets drinking water standards, and EPA is now removing the designation of this site as a Superfund site.”
“I applaud EPA's successful efforts to address the toxic contamination at the Smithtown Groundwater Contamination Site that has threatened the health of local residents for years. It is imperative that all New Yorkers have access to clean drinking water, and everyone deserves to know that their community is a safe place to live, work, and raise a family,” said New York Senator Kirsten Gillibrand. “Thanks to this 24-year effort, residents of Nissequogue and Head of the Harbor can now take solace in knowing their groundwater is safe, and I will never stop fighting to ensure it remains that way.”
Groundwater at the site became contaminated with tetrachloroethylene (or PCE), a solvent used in dry cleaning and metal cleaning, though in this case EPA was not able to pinpoint specific sources of the contamination. Exposure to PCE can have serious health impacts, including liver damage and increased risk of cancer. EPA selected a cleanup plan in 2004 to clean up groundwater contaminated with PCE. The plan included providing alternate water supplies to homes affected by the contamination and relied on existing state and local regulations to restrict future groundwater use.
In 2005, EPA began installing service lines to connect people’s homes to the public water that is regulated and regularly tested. In addition, EPA extended the water main so all the impacted homes could be connected. EPA monitored groundwater using a network of monitoring wells to gauge the concentration and movement of the PCE in the groundwater over time.
When hazardous substances, pollutants or contaminants remain on a site at levels that limit use and restrict exposure, EPA conducts follow-up reviews every five years. These five-year reviews, ensure that the cleanup actions continue to protect people and the environment. Several five-year reviews for the site were performed from 2011 through 2020 to ensure that contamination was not posing a risk to people. The most recent five-year review, conducted in November 2020, determined that EPA’s actions at the site protect people’s health and the environment. Levels of PCE in the groundwater have fallen to below state and federal drinking water standards. As a result, no additional five-year reviews will be required.
The NPL includes some of the nation’s most serious uncontrolled or abandoned releases of contamination. EPA deletes sites or parts of sites from the NPL when no further cleanup is required to protect human health or the environment. Years, and sometimes decades, of complex investigation and cleanup work have gone into getting these sites to where they are today.
Visit the [Smithtown Groundwater Contamination] Superfund site profile page for additional background and site documents.
Follow EPA Region 2 on Twitter and visit our Facebook page. For more information about EPA Region 2, visit our website.
23-072
“A few decades ago, people were drinking the contaminated groundwater at this site, but thanks to our Superfund program EPA was able to quickly give them a safe and permanent source of drinking water, allowing the aquifer time to recover.” said EPA Regional Administrator Lisa F. Garcia. “Contamination levels in the groundwater have fallen to a level that meets drinking water standards, and EPA is now removing the designation of this site as a Superfund site.”
“I applaud EPA's successful efforts to address the toxic contamination at the Smithtown Groundwater Contamination Site that has threatened the health of local residents for years. It is imperative that all New Yorkers have access to clean drinking water, and everyone deserves to know that their community is a safe place to live, work, and raise a family,” said New York Senator Kirsten Gillibrand. “Thanks to this 24-year effort, residents of Nissequogue and Head of the Harbor can now take solace in knowing their groundwater is safe, and I will never stop fighting to ensure it remains that way.”
Groundwater at the site became contaminated with tetrachloroethylene (or PCE), a solvent used in dry cleaning and metal cleaning, though in this case EPA was not able to pinpoint specific sources of the contamination. Exposure to PCE can have serious health impacts, including liver damage and increased risk of cancer. EPA selected a cleanup plan in 2004 to clean up groundwater contaminated with PCE. The plan included providing alternate water supplies to homes affected by the contamination and relied on existing state and local regulations to restrict future groundwater use.
In 2005, EPA began installing service lines to connect people’s homes to the public water that is regulated and regularly tested. In addition, EPA extended the water main so all the impacted homes could be connected. EPA monitored groundwater using a network of monitoring wells to gauge the concentration and movement of the PCE in the groundwater over time.
When hazardous substances, pollutants or contaminants remain on a site at levels that limit use and restrict exposure, EPA conducts follow-up reviews every five years. These five-year reviews, ensure that the cleanup actions continue to protect people and the environment. Several five-year reviews for the site were performed from 2011 through 2020 to ensure that contamination was not posing a risk to people. The most recent five-year review, conducted in November 2020, determined that EPA’s actions at the site protect people’s health and the environment. Levels of PCE in the groundwater have fallen to below state and federal drinking water standards. As a result, no additional five-year reviews will be required.
The NPL includes some of the nation’s most serious uncontrolled or abandoned releases of contamination. EPA deletes sites or parts of sites from the NPL when no further cleanup is required to protect human health or the environment. Years, and sometimes decades, of complex investigation and cleanup work have gone into getting these sites to where they are today.
Visit the [Smithtown Groundwater Contamination] Superfund site profile page for additional background and site documents.
Follow EPA Region 2 on Twitter and visit our Facebook page. For more information about EPA Region 2, visit our website.
23-072
EPA Deletes Haviland Complex Town of Hyde Park Contamination Site from the National Priorities List
NEW YORK (August 17, 2023) – The U.S. Environmental Protection Agency (EPA) has deleted the Haviland Complex Town of Hyde Park Contamination Superfund site in Hyde Park, New York, from the National Priorities List (NPL) of Superfund sites. Cleanup work at the site is complete and the levels of contamination in the groundwater have dropped to below state and federal drinking water standards.
"EPA's work here is done. Thanks to our actions, the contamination in the groundwater has dropped to the point where you can drink the water,” said EPA Regional Administrator Lisa F. Garcia. “I am pleased that our work with the local government and the local community at the Haviland town complex is complete, and that we are removing its designation as an active Superfund site.”
The Haviland Complex site is a 275-acre area in Hyde Park, New York, that was contaminated by Volatile Organic Compounds (VOCs) from the septic and sewage systems of a car wash, a laundromat, a dry cleaner, and a middle school. Contamination was discovered in 1981 and the site was added to the Superfund program in 1986.
EPA selected a cleanup plan in 1987 and modified it in 1997. The plan included removing the source of contamination from the sewers and allowing the levels of VOCs to drop naturally while carefully monitoring to assess the progress. EPA installed additional monitoring wells in 1999 to monitor levels of contamination in groundwater. The Dutchess County Department of Health installed a public water system in the area as part of a county-wide plan. The New York State Department of Environmental Conservation (NYSDEC) connected the affected homes to this system in 2000. EPA transferred the oversight of the Haviland Complex site to NYSDEC in April 2011. NYSDEC continued to monitor the groundwater.
EPA has conducted reviews, called five-year reviews, to evaluate the effectiveness of the cleanup plan. These reviews ensure that the cleanup actions taken protect people's health and the environment are working effectively. Data shows that groundwater contamination has been below state and federal drinking water standards since 2015 and is expected to remain below relevant standards in the future. All of EPA’s goals have been met at the site and groundwater monitoring and five-year reviews will no longer be required there.
The NPL includes some of the nation’s most serious uncontrolled or abandoned releases of contamination. EPA deletes sites or parts of sites from the NPL when no further cleanup is required to protect human health or the environment. Years, and sometimes decades, of complex investigation and cleanup work have contributed to getting these sites to where they are today.
While EPA encourages site reuse throughout the cleanup process, deletions from the NPL can revitalize communities, raise property values, and promote economic growth by signaling to potential developers and financial institutions that cleanup is complete. Achieving this milestone can be especially impactful for disadvantaged and over-burdened communities.
Visit the [Haviland complex] Superfund site profile page for additional background and site documents.
Follow EPA Region 2 on Twitter and visit our Facebook page. For more information about EPA Region 2, visit our website.
23-073
"EPA's work here is done. Thanks to our actions, the contamination in the groundwater has dropped to the point where you can drink the water,” said EPA Regional Administrator Lisa F. Garcia. “I am pleased that our work with the local government and the local community at the Haviland town complex is complete, and that we are removing its designation as an active Superfund site.”
The Haviland Complex site is a 275-acre area in Hyde Park, New York, that was contaminated by Volatile Organic Compounds (VOCs) from the septic and sewage systems of a car wash, a laundromat, a dry cleaner, and a middle school. Contamination was discovered in 1981 and the site was added to the Superfund program in 1986.
EPA selected a cleanup plan in 1987 and modified it in 1997. The plan included removing the source of contamination from the sewers and allowing the levels of VOCs to drop naturally while carefully monitoring to assess the progress. EPA installed additional monitoring wells in 1999 to monitor levels of contamination in groundwater. The Dutchess County Department of Health installed a public water system in the area as part of a county-wide plan. The New York State Department of Environmental Conservation (NYSDEC) connected the affected homes to this system in 2000. EPA transferred the oversight of the Haviland Complex site to NYSDEC in April 2011. NYSDEC continued to monitor the groundwater.
EPA has conducted reviews, called five-year reviews, to evaluate the effectiveness of the cleanup plan. These reviews ensure that the cleanup actions taken protect people's health and the environment are working effectively. Data shows that groundwater contamination has been below state and federal drinking water standards since 2015 and is expected to remain below relevant standards in the future. All of EPA’s goals have been met at the site and groundwater monitoring and five-year reviews will no longer be required there.
The NPL includes some of the nation’s most serious uncontrolled or abandoned releases of contamination. EPA deletes sites or parts of sites from the NPL when no further cleanup is required to protect human health or the environment. Years, and sometimes decades, of complex investigation and cleanup work have contributed to getting these sites to where they are today.
While EPA encourages site reuse throughout the cleanup process, deletions from the NPL can revitalize communities, raise property values, and promote economic growth by signaling to potential developers and financial institutions that cleanup is complete. Achieving this milestone can be especially impactful for disadvantaged and over-burdened communities.
Visit the [Haviland complex] Superfund site profile page for additional background and site documents.
Follow EPA Region 2 on Twitter and visit our Facebook page. For more information about EPA Region 2, visit our website.
23-073
EPA Deletes Smithtown Groundwater Contamination Site from the National Priorities List
NEW YORK (August 17, 2023) – The U.S. Environmental Protection Agency (EPA) has deleted the Smithtown Groundwater Contamination Superfund site in Smithtown, New York, from the National Priorities List (NPL) of Superfund sites. EPA has determined all cleanup work has been completed and that no further federal action is required at the site.
“A few decades ago, people were drinking the contaminated groundwater at this site, but thanks to our Superfund program EPA was able to quickly give them a safe and permanent source of drinking water, allowing the aquifer time to recover.” said EPA Regional Administrator Lisa F. Garcia. “Contamination levels in the groundwater have fallen to a level that meets drinking water standards, and EPA is now removing the designation of this site as a Superfund site.”
“I applaud EPA's successful efforts to address the toxic contamination at the Smithtown Groundwater Contamination Site that has threatened the health of local residents for years. It is imperative that all New Yorkers have access to clean drinking water, and everyone deserves to know that their community is a safe place to live, work, and raise a family,” said New York Senator Kirsten Gillibrand. “Thanks to this 24-year effort, residents of Nissequogue and Head of the Harbor can now take solace in knowing their groundwater is safe, and I will never stop fighting to ensure it remains that way.”
Groundwater at the site became contaminated with tetrachloroethylene (or PCE), a solvent used in dry cleaning and metal cleaning, though in this case EPA was not able to pinpoint specific sources of the contamination. Exposure to PCE can have serious health impacts, including liver damage and increased risk of cancer. EPA selected a cleanup plan in 2004 to clean up groundwater contaminated with PCE. The plan included providing alternate water supplies to homes affected by the contamination and relied on existing state and local regulations to restrict future groundwater use.
In 2005, EPA began installing service lines to connect people’s homes to the public water that is regulated and regularly tested. In addition, EPA extended the water main so all the impacted homes could be connected. EPA monitored groundwater using a network of monitoring wells to gauge the concentration and movement of the PCE in the groundwater over time.
When hazardous substances, pollutants or contaminants remain on a site at levels that limit use and restrict exposure, EPA conducts follow-up reviews every five years. These five-year reviews, ensure that the cleanup actions continue to protect people and the environment. Several five-year reviews for the site were performed from 2011 through 2020 to ensure that contamination was not posing a risk to people. The most recent five-year review, conducted in November 2020, determined that EPA’s actions at the site protect people’s health and the environment. Levels of PCE in the groundwater have fallen to below state and federal drinking water standards. As a result, no additional five-year reviews will be required.
The NPL includes some of the nation’s most serious uncontrolled or abandoned releases of contamination. EPA deletes sites or parts of sites from the NPL when no further cleanup is required to protect human health or the environment. Years, and sometimes decades, of complex investigation and cleanup work have gone into getting these sites to where they are today.
Visit the [Smithtown Groundwater Contamination] Superfund site profile page for additional background and site documents.
Follow EPA Region 2 on Twitter and visit our Facebook page. For more information about EPA Region 2, visit our website.
23-072
“A few decades ago, people were drinking the contaminated groundwater at this site, but thanks to our Superfund program EPA was able to quickly give them a safe and permanent source of drinking water, allowing the aquifer time to recover.” said EPA Regional Administrator Lisa F. Garcia. “Contamination levels in the groundwater have fallen to a level that meets drinking water standards, and EPA is now removing the designation of this site as a Superfund site.”
“I applaud EPA's successful efforts to address the toxic contamination at the Smithtown Groundwater Contamination Site that has threatened the health of local residents for years. It is imperative that all New Yorkers have access to clean drinking water, and everyone deserves to know that their community is a safe place to live, work, and raise a family,” said New York Senator Kirsten Gillibrand. “Thanks to this 24-year effort, residents of Nissequogue and Head of the Harbor can now take solace in knowing their groundwater is safe, and I will never stop fighting to ensure it remains that way.”
Groundwater at the site became contaminated with tetrachloroethylene (or PCE), a solvent used in dry cleaning and metal cleaning, though in this case EPA was not able to pinpoint specific sources of the contamination. Exposure to PCE can have serious health impacts, including liver damage and increased risk of cancer. EPA selected a cleanup plan in 2004 to clean up groundwater contaminated with PCE. The plan included providing alternate water supplies to homes affected by the contamination and relied on existing state and local regulations to restrict future groundwater use.
In 2005, EPA began installing service lines to connect people’s homes to the public water that is regulated and regularly tested. In addition, EPA extended the water main so all the impacted homes could be connected. EPA monitored groundwater using a network of monitoring wells to gauge the concentration and movement of the PCE in the groundwater over time.
When hazardous substances, pollutants or contaminants remain on a site at levels that limit use and restrict exposure, EPA conducts follow-up reviews every five years. These five-year reviews, ensure that the cleanup actions continue to protect people and the environment. Several five-year reviews for the site were performed from 2011 through 2020 to ensure that contamination was not posing a risk to people. The most recent five-year review, conducted in November 2020, determined that EPA’s actions at the site protect people’s health and the environment. Levels of PCE in the groundwater have fallen to below state and federal drinking water standards. As a result, no additional five-year reviews will be required.
The NPL includes some of the nation’s most serious uncontrolled or abandoned releases of contamination. EPA deletes sites or parts of sites from the NPL when no further cleanup is required to protect human health or the environment. Years, and sometimes decades, of complex investigation and cleanup work have gone into getting these sites to where they are today.
Visit the [Smithtown Groundwater Contamination] Superfund site profile page for additional background and site documents.
Follow EPA Region 2 on Twitter and visit our Facebook page. For more information about EPA Region 2, visit our website.
23-072
UMass Amherst Selected for $1+ Million EPA Research Grant to Address Energy Transitions in Underserved Communities
BOSTON —Today, the U.S. Environmental Protection Agency (EPA) announced that University of Maine, in Orono, Maine, has been selected to receive a $1,125,000 grant funding research to address the drivers and environmental impacts of energy transitions in underserved and Tribal communities. The University of Maine Orono was one of only 11 institutions selected nationwide to share in $11 million for this initiative.
In this program, University of Maine will engage with indigenous, rural, and low-income communities in Maine to understand the role of statewide Local Energy Action Networks (LEANs) in supporting and advancing renewable energy and energy efficiency adoption.
"Addressing climate change and ensuring that historically disadvantaged communities are not overlooked as we transition to a clean energy economy is a major priority for EPA," said EPA New England Regional Administrator David W. Cash. "This research will help EPA and other entities to better understand how transitioning toward clean energy systems may impact communities, and can help pave the way to a just and equitable energy future."
"We are excited about the EPA's support for community-engaged research, which will allow us to co-develop sustainable energy knowledge and solutions with indigenous Wabanaki tribes and rural, remote Maine communities," said Sharon Klein, Project Lead and Associate Professor of Economics with the University of Maine. "We look forward to continued collaboration with multiple state and local entities to leverage the great work of the Maine Community Resilience Partnership in the pilot Maine Local Energy Action Network that is at the core of our state-level study."
"We are very excited to partner with communities across Maine to examine the benefits, challenges and effectiveness of statewide local energy action networks (LEANs) in supporting renewable energy and energy efficiency adoption," said Caroline Noblet, UMaine Associate Professor of Economics, who is partnering with Klein on the project. "We look forward to examining community engagement across national, state and community scales to understand the decision drivers for sustainable energy adoption."
Background
Energy and transportation systems are rapidly shifting away from fossil-based energy systems. These changes will help mitigate climate change by reducing greenhouse gas emissions. The evolving energy and transportation systems provide both challenges as well as opportunities to improve environmental and public health in ways that also reduce inequities such as environmental health burdens.
This EPA-funded research will increase understanding of the environmental impacts of shifting energy and transportation systems on underserved and Tribal communities as well as what drives decisions to adopt renewable energy sources, energy efficient technologies, and new transportation options. Grantees will engage with communities and Tribes in these projects, learning from their lived experience and expertise to better respond to community needs. These efforts will improve the scientific foundation for the design of robust, behaviorally informed policies and programs to support the sustainable transition to renewable and low-carbon energy systems.
More information about the University of Maine grant and other funded grant recipients.
In this program, University of Maine will engage with indigenous, rural, and low-income communities in Maine to understand the role of statewide Local Energy Action Networks (LEANs) in supporting and advancing renewable energy and energy efficiency adoption.
"Addressing climate change and ensuring that historically disadvantaged communities are not overlooked as we transition to a clean energy economy is a major priority for EPA," said EPA New England Regional Administrator David W. Cash. "This research will help EPA and other entities to better understand how transitioning toward clean energy systems may impact communities, and can help pave the way to a just and equitable energy future."
"We are excited about the EPA's support for community-engaged research, which will allow us to co-develop sustainable energy knowledge and solutions with indigenous Wabanaki tribes and rural, remote Maine communities," said Sharon Klein, Project Lead and Associate Professor of Economics with the University of Maine. "We look forward to continued collaboration with multiple state and local entities to leverage the great work of the Maine Community Resilience Partnership in the pilot Maine Local Energy Action Network that is at the core of our state-level study."
"We are very excited to partner with communities across Maine to examine the benefits, challenges and effectiveness of statewide local energy action networks (LEANs) in supporting renewable energy and energy efficiency adoption," said Caroline Noblet, UMaine Associate Professor of Economics, who is partnering with Klein on the project. "We look forward to examining community engagement across national, state and community scales to understand the decision drivers for sustainable energy adoption."
Background
Energy and transportation systems are rapidly shifting away from fossil-based energy systems. These changes will help mitigate climate change by reducing greenhouse gas emissions. The evolving energy and transportation systems provide both challenges as well as opportunities to improve environmental and public health in ways that also reduce inequities such as environmental health burdens.
This EPA-funded research will increase understanding of the environmental impacts of shifting energy and transportation systems on underserved and Tribal communities as well as what drives decisions to adopt renewable energy sources, energy efficient technologies, and new transportation options. Grantees will engage with communities and Tribes in these projects, learning from their lived experience and expertise to better respond to community needs. These efforts will improve the scientific foundation for the design of robust, behaviorally informed policies and programs to support the sustainable transition to renewable and low-carbon energy systems.
More information about the University of Maine grant and other funded grant recipients.
University of Maine Selected for $1+ Million EPA Research Grant to Address Energy Transitions in Underserved Communities
BOSTON —Today, the U.S. Environmental Protection Agency (EPA) announced that University of Maine, in Orono, Maine, has been selected to receive a $1,125,000 grant funding research to address the drivers and environmental impacts of energy transitions in underserved and Tribal communities. The University of Maine Orono was one of only 11 institutions selected nationwide to share in $11 million for this initiative.
In this program, University of Maine will engage with indigenous, rural, and low-income communities in Maine to understand the role of statewide Local Energy Action Networks (LEANs) in supporting and advancing renewable energy and energy efficiency adoption.
"Addressing climate change and ensuring that historically disadvantaged communities are not overlooked as we transition to a clean energy economy is a major priority for EPA," said EPA New England Regional Administrator David W. Cash. "This research will help EPA and other entities to better understand how transitioning toward clean energy systems may impact communities, and can help pave the way to a just and equitable energy future."
"We are excited about the EPA's support for community-engaged research, which will allow us to co-develop sustainable energy knowledge and solutions with indigenous Wabanaki tribes and rural, remote Maine communities," said Sharon Klein, Project Lead and Associate Professor of Economics with the University of Maine. "We look forward to continued collaboration with multiple state and local entities to leverage the great work of the Maine Community Resilience Partnership in the pilot Maine Local Energy Action Network that is at the core of our state-level study."
"We are very excited to partner with communities across Maine to examine the benefits, challenges and effectiveness of statewide local energy action networks (LEANs) in supporting renewable energy and energy efficiency adoption," said Caroline Noblet, UMaine Associate Professor of Economics, who is partnering with Klein on the project. "We look forward to examining community engagement across national, state and community scales to understand the decision drivers for sustainable energy adoption."
Background
Energy and transportation systems are rapidly shifting away from fossil-based energy systems. These changes will help mitigate climate change by reducing greenhouse gas emissions. The evolving energy and transportation systems provide both challenges as well as opportunities to improve environmental and public health in ways that also reduce inequities such as environmental health burdens.
This EPA-funded research will increase understanding of the environmental impacts of shifting energy and transportation systems on underserved and Tribal communities as well as what drives decisions to adopt renewable energy sources, energy efficient technologies, and new transportation options. Grantees will engage with communities and Tribes in these projects, learning from their lived experience and expertise to better respond to community needs. These efforts will improve the scientific foundation for the design of robust, behaviorally informed policies and programs to support the sustainable transition to renewable and low-carbon energy systems.
More information about the University of Maine grant and other funded grant recipients.
In this program, University of Maine will engage with indigenous, rural, and low-income communities in Maine to understand the role of statewide Local Energy Action Networks (LEANs) in supporting and advancing renewable energy and energy efficiency adoption.
"Addressing climate change and ensuring that historically disadvantaged communities are not overlooked as we transition to a clean energy economy is a major priority for EPA," said EPA New England Regional Administrator David W. Cash. "This research will help EPA and other entities to better understand how transitioning toward clean energy systems may impact communities, and can help pave the way to a just and equitable energy future."
"We are excited about the EPA's support for community-engaged research, which will allow us to co-develop sustainable energy knowledge and solutions with indigenous Wabanaki tribes and rural, remote Maine communities," said Sharon Klein, Project Lead and Associate Professor of Economics with the University of Maine. "We look forward to continued collaboration with multiple state and local entities to leverage the great work of the Maine Community Resilience Partnership in the pilot Maine Local Energy Action Network that is at the core of our state-level study."
"We are very excited to partner with communities across Maine to examine the benefits, challenges and effectiveness of statewide local energy action networks (LEANs) in supporting renewable energy and energy efficiency adoption," said Caroline Noblet, UMaine Associate Professor of Economics, who is partnering with Klein on the project. "We look forward to examining community engagement across national, state and community scales to understand the decision drivers for sustainable energy adoption."
Background
Energy and transportation systems are rapidly shifting away from fossil-based energy systems. These changes will help mitigate climate change by reducing greenhouse gas emissions. The evolving energy and transportation systems provide both challenges as well as opportunities to improve environmental and public health in ways that also reduce inequities such as environmental health burdens.
This EPA-funded research will increase understanding of the environmental impacts of shifting energy and transportation systems on underserved and Tribal communities as well as what drives decisions to adopt renewable energy sources, energy efficient technologies, and new transportation options. Grantees will engage with communities and Tribes in these projects, learning from their lived experience and expertise to better respond to community needs. These efforts will improve the scientific foundation for the design of robust, behaviorally informed policies and programs to support the sustainable transition to renewable and low-carbon energy systems.
More information about the University of Maine grant and other funded grant recipients.
EPA Settlements with Maine Companies Improve Chemical Safety and Impose Over $370,000 in Penalties
BOSTON (Aug. 17, 2023) – In the last year, the U.S. Environmental Protection Agency (EPA) reached settlements with two Maine based companies – Jasper Wyman & Son and Barber Foods – for chemical safety violations, resulting in $373,490 in combined penalties. In addition, one of the companies agreed to conduct Supplemental Environmental Projects (SEPs). Both companies use anhydrous ammonia as a refrigerant at their facilities.
"Despite EPA's efforts to improve compliance at facilities that use anhydrous ammonia as a refrigerant, our inspectors continue to see many troubling violations of the Clean Air Act's chemical accident prevention requirements – in particular, failure to identify common hazards and follow industry standards of care during the operation of these refrigeration systems," said EPA New England Regional Administrator David W. Cash. "It's imperative that companies comply with Clean Air Act requirements in order to protect facility workers and surrounding communities. Particularly in rural areas, if a chemical accident occurs, it can take time for trained HazMat responders to arrive. We are pleased to say that, as a result of the Jasper Wyman & Son settlement's Supplemental Environmental Projects, the Cherryfield Fire Department will be better prepared to respond to chemical emergencies."
Earlier this month, Jasper Wyman & Son, a blueberry processing plant in Cherryfield, Maine, agreed to pay a penalty of $73,490 to resolve alleged violations of the Clean Air Act's chemical accident prevention requirements at its facility. In addition, the company agreed to provide training for local emergency responders on how to address ammonia releases and to donate equipment to the Cherryfield Fire Department to improve response capabilities under a Supplemental Environmental Project, valued at approximately $65,000.
Also, in the last year, Barber Foods, LLC, a Portland based company that manufactures frozen poultry products, agreed to pay a combined penalty of $300,000 for Risk Management Plan (RMP) violations at two of its facilities. Barber Foods agreed to pay a penalty of $149,000 for alleged violations at its Milliken Street plant and $151,000 for alleged violations at its St. John's Street facility. Barber Foods is in the Tyson Foods corporate family.
EPA inspections of all three facilities identified violations of the Clean Air Act's RMP requirements. In addition, the Jasper Wyman settlement includes allegations that the company failed to comply with the Clean Air Act's General Duty Clause for one refrigeration system that had less than 10,000 lbs. of ammonia. The three cases allege failures to identify, analyze and control certain hazards, failure to document compliance with certain good engineering practices, and equipment maintenance violations.
Background
All three of these facilities use anhydrous ammonia in their refrigeration systems. Anhydrous ammonia is an energy efficient refrigerant, but it must be handled with care because it is highly corrosive to the skin, eyes, and lungs. The chemical can cause serious, often irreversible health effects when released.
To prevent exposure to ammonia, it is important that ammonia refrigeration systems be designed to prevent the release of ammonia and minimize the effects of any release. This includes, among other things, providing for rapid detection of releases, safe shutdown of equipment, controlled containment of any releases, safe ventilation of such releases, and accessible eyewash/shower stations for employees and responders. Operators must also coordinate with emergency responders and have procedures in place for maintaining equipment and training employees.
More information
Clean Air Act's Risk Management Plan Program
Clean Air Act's General Duty Clause
Ammonia Refrigeration Compliance Assistance Resources
"Despite EPA's efforts to improve compliance at facilities that use anhydrous ammonia as a refrigerant, our inspectors continue to see many troubling violations of the Clean Air Act's chemical accident prevention requirements – in particular, failure to identify common hazards and follow industry standards of care during the operation of these refrigeration systems," said EPA New England Regional Administrator David W. Cash. "It's imperative that companies comply with Clean Air Act requirements in order to protect facility workers and surrounding communities. Particularly in rural areas, if a chemical accident occurs, it can take time for trained HazMat responders to arrive. We are pleased to say that, as a result of the Jasper Wyman & Son settlement's Supplemental Environmental Projects, the Cherryfield Fire Department will be better prepared to respond to chemical emergencies."
Earlier this month, Jasper Wyman & Son, a blueberry processing plant in Cherryfield, Maine, agreed to pay a penalty of $73,490 to resolve alleged violations of the Clean Air Act's chemical accident prevention requirements at its facility. In addition, the company agreed to provide training for local emergency responders on how to address ammonia releases and to donate equipment to the Cherryfield Fire Department to improve response capabilities under a Supplemental Environmental Project, valued at approximately $65,000.
Also, in the last year, Barber Foods, LLC, a Portland based company that manufactures frozen poultry products, agreed to pay a combined penalty of $300,000 for Risk Management Plan (RMP) violations at two of its facilities. Barber Foods agreed to pay a penalty of $149,000 for alleged violations at its Milliken Street plant and $151,000 for alleged violations at its St. John's Street facility. Barber Foods is in the Tyson Foods corporate family.
EPA inspections of all three facilities identified violations of the Clean Air Act's RMP requirements. In addition, the Jasper Wyman settlement includes allegations that the company failed to comply with the Clean Air Act's General Duty Clause for one refrigeration system that had less than 10,000 lbs. of ammonia. The three cases allege failures to identify, analyze and control certain hazards, failure to document compliance with certain good engineering practices, and equipment maintenance violations.
Background
All three of these facilities use anhydrous ammonia in their refrigeration systems. Anhydrous ammonia is an energy efficient refrigerant, but it must be handled with care because it is highly corrosive to the skin, eyes, and lungs. The chemical can cause serious, often irreversible health effects when released.
To prevent exposure to ammonia, it is important that ammonia refrigeration systems be designed to prevent the release of ammonia and minimize the effects of any release. This includes, among other things, providing for rapid detection of releases, safe shutdown of equipment, controlled containment of any releases, safe ventilation of such releases, and accessible eyewash/shower stations for employees and responders. Operators must also coordinate with emergency responders and have procedures in place for maintaining equipment and training employees.
More information
Clean Air Act's Risk Management Plan Program
Clean Air Act's General Duty Clause
Ammonia Refrigeration Compliance Assistance Resources
EPA Announces Federal Enforcement Priorities to Protect Communities from Pollution
WASHINGTON – Today, the U.S. Environmental Protection Agency announced its National Enforcement and Compliance Initiatives for 2024-2027, including for the first time initiatives to mitigate climate change, address exposure to PFAS contamination, and protect communities from cancer-causing coal ash. To advance the Biden-Harris Administration’s commitment to protect disadvantaged communities, EPA also will integrate environmental justice considerations into each of its National Enforcement and Compliance Initiatives.
Every four years, across administrations, EPA selects enforcement and compliance priorities so that the agency and its state partners can prioritize resources to address the most serious and widespread environmental problems facing the United States. In addition to climate change, PFAS contamination, and coal ash initiatives, EPA is modifying its Clean Air Act initiative to focus on hazardous toxic air pollution in overburdened communities in each EPA region and is continuing its drinking water and chemical accident prevention initiatives that began under prior administrations.
“EPA’s new national initiatives address urgent 21st century environmental problems, while upholding the rule of law to level the playing field for law-abiding companies and promoting a sustainable future for our children and grandchildren,” said EPA Assistant Administrator for Enforcement and Compliance Assurance David M. Uhlmann. “Working closely with our state partners, EPA enforcement efforts will mitigate climate change and limit exposure to the scourge of PFAS contamination, while addressing the reality that, for too long in the United States, the worst effects of pollution have plagued overburdened communities.”
In selecting initiatives for the FY 2024-2027 cycle, EPA used three criteria to evaluate existing initiatives and to consider new initiatives: (1) the need to address serious and widespread environmental issues and significant noncompliance, particularly in overburdened and disadvantaged communities; (2) a focus on areas where federal enforcement authorities, resources, and/or expertise are needed to hold polluters accountable and promote a level playing field; and (3) alignment with the EPA’s broader Strategic Plan, which includes tackling the climate crisis and advancing environmental justice.
The 2024-2027 National Enforcement and Compliance Initiatives are:
Mitigating Climate Change - Tackling the climate crisis is an urgent priority. EPA will use its enforcement and compliance tools to reduce greenhouse gas emissions, helping to limit the worst effects of climate change. The initiative will focus on three separate and significant contributors to climate change: (1) methane emissions from oil and gas facilities; (2) methane emissions from landfills; and (3) the use, importation, and production of hydrofluorocarbons (HFCs). EPA has documented widespread noncompliance in all three of these areas, resulting in potentially tens of thousands of tons of unlawful emissions of greenhouse gases and other pollutants. This initiative will help achieve EPA’s goals to combat climate change while also addressing significant noncompliance in specific industry sectors.
Addressing Exposure to PFAS - Per- and polyfluoroalkyl substances (PFAS) chemicals are toxic, persistent “forever chemicals” that have caused widespread contamination in our air, water, and land throughout the country. This initiative will focus on implementing EPA’s PFAS Strategic Roadmap and hold responsible those who manufactured PFAS and/or used PFAS in the manufacturing process, federal facilities that released PFAS, and other industrial parties who significantly contributed to the release of PFAS into the environment. Ensuring these entities properly identify and characterize contamination, control ongoing releases, and comply with both existing and future environmental requirements will help address this larger environmental threat.
Protecting Communities from Coal Ash Contamination - This initiative will focus on the threat presented by the hundreds of millions of pounds of coal ash, also known as coal combustion residuals (CCR), found throughout our country in on-site landfills, settling ponds, and other coal plant surface impoundments. Coal ash, a waste product from burning coal for energy, contains contaminants such as mercury, cadmium, chromium, and arsenic, which are associated with cancer and other serious health effects. This initiative will focus on the approximately 300 facilities nationwide that are collectively responsible for approximately 775 coal ash units. Neighborhoods located near these facilities are often communities with environmental justice concerns.
Reducing Air Toxics in Overburdened Communities - This initiative will address the serious threat to communities that comes from unlawful exposure to regulated hazardous air pollutants (HAPs) from nearby industry. Many of these pollutants, such as benzene, ethylene oxide, and formaldehyde, are known or suspected to cause cancer or other serious neurological, reproductive, developmental, and respiratory health effects when breathed or ingested through the food chain, including harm to children. This initiative will seek to target, investigate, and address noncompliance with clean air standards designed to protect public health, with a focus on sources of HAPs in communities already highly burdened with pollution impacts.
Increasing Compliance with Drinking Water Standards - This initiative seeks to ensure that the approximately 50,000 regulated drinking water systems that serve water to residents year-round, referred to as Community Water Systems (CWSs), comply with the Safe Drinking Water Act (SDWA). Each year thousands of CWSs continue to violate one or more drinking water standards, exposing millions of people to potential health risks. During the next four years, EPA will ramp up its field presence, take impactful enforcement to increase compliance, and offer more compliance assistance to prevent and address public health risks.
Chemical Accident Risk Reduction - This initiative seeks to reduce the likelihood of catastrophic chemical releases, and to address the problem of avoidable chemical incidents that continue to occur throughout the country. Thousands of facilities nationwide make, use, and store extremely hazardous substances. Disastrous fires, leaks, and explosions at these facilities can result in fatalities and serious injuries, evacuations, shelter in place orders, toxic exposure, and other harm to workers, first responders, and neighboring communities. EPA has found significant noncompliance with companies who handle extremely hazardous substances and will target companies that choose not to comply with risk management requirements established to protect public health and safety from extremely hazardous chemical releases.
To help inform the selection of the FY 2024-2027 NECIs, EPA solicited public comment via a Federal Register notice to provide ample opportunity for stakeholder input. EPA also considered input on this cycle of NECIs from states, territories, and Tribes, as well as from the public, environmental groups, and regulated entities.
Learn more about EPA’s NECI’s for FY 2024-2027.
Every four years, across administrations, EPA selects enforcement and compliance priorities so that the agency and its state partners can prioritize resources to address the most serious and widespread environmental problems facing the United States. In addition to climate change, PFAS contamination, and coal ash initiatives, EPA is modifying its Clean Air Act initiative to focus on hazardous toxic air pollution in overburdened communities in each EPA region and is continuing its drinking water and chemical accident prevention initiatives that began under prior administrations.
“EPA’s new national initiatives address urgent 21st century environmental problems, while upholding the rule of law to level the playing field for law-abiding companies and promoting a sustainable future for our children and grandchildren,” said EPA Assistant Administrator for Enforcement and Compliance Assurance David M. Uhlmann. “Working closely with our state partners, EPA enforcement efforts will mitigate climate change and limit exposure to the scourge of PFAS contamination, while addressing the reality that, for too long in the United States, the worst effects of pollution have plagued overburdened communities.”
In selecting initiatives for the FY 2024-2027 cycle, EPA used three criteria to evaluate existing initiatives and to consider new initiatives: (1) the need to address serious and widespread environmental issues and significant noncompliance, particularly in overburdened and disadvantaged communities; (2) a focus on areas where federal enforcement authorities, resources, and/or expertise are needed to hold polluters accountable and promote a level playing field; and (3) alignment with the EPA’s broader Strategic Plan, which includes tackling the climate crisis and advancing environmental justice.
The 2024-2027 National Enforcement and Compliance Initiatives are:
Mitigating Climate Change - Tackling the climate crisis is an urgent priority. EPA will use its enforcement and compliance tools to reduce greenhouse gas emissions, helping to limit the worst effects of climate change. The initiative will focus on three separate and significant contributors to climate change: (1) methane emissions from oil and gas facilities; (2) methane emissions from landfills; and (3) the use, importation, and production of hydrofluorocarbons (HFCs). EPA has documented widespread noncompliance in all three of these areas, resulting in potentially tens of thousands of tons of unlawful emissions of greenhouse gases and other pollutants. This initiative will help achieve EPA’s goals to combat climate change while also addressing significant noncompliance in specific industry sectors.
Addressing Exposure to PFAS - Per- and polyfluoroalkyl substances (PFAS) chemicals are toxic, persistent “forever chemicals” that have caused widespread contamination in our air, water, and land throughout the country. This initiative will focus on implementing EPA’s PFAS Strategic Roadmap and hold responsible those who manufactured PFAS and/or used PFAS in the manufacturing process, federal facilities that released PFAS, and other industrial parties who significantly contributed to the release of PFAS into the environment. Ensuring these entities properly identify and characterize contamination, control ongoing releases, and comply with both existing and future environmental requirements will help address this larger environmental threat.
Protecting Communities from Coal Ash Contamination - This initiative will focus on the threat presented by the hundreds of millions of pounds of coal ash, also known as coal combustion residuals (CCR), found throughout our country in on-site landfills, settling ponds, and other coal plant surface impoundments. Coal ash, a waste product from burning coal for energy, contains contaminants such as mercury, cadmium, chromium, and arsenic, which are associated with cancer and other serious health effects. This initiative will focus on the approximately 300 facilities nationwide that are collectively responsible for approximately 775 coal ash units. Neighborhoods located near these facilities are often communities with environmental justice concerns.
Reducing Air Toxics in Overburdened Communities - This initiative will address the serious threat to communities that comes from unlawful exposure to regulated hazardous air pollutants (HAPs) from nearby industry. Many of these pollutants, such as benzene, ethylene oxide, and formaldehyde, are known or suspected to cause cancer or other serious neurological, reproductive, developmental, and respiratory health effects when breathed or ingested through the food chain, including harm to children. This initiative will seek to target, investigate, and address noncompliance with clean air standards designed to protect public health, with a focus on sources of HAPs in communities already highly burdened with pollution impacts.
Increasing Compliance with Drinking Water Standards - This initiative seeks to ensure that the approximately 50,000 regulated drinking water systems that serve water to residents year-round, referred to as Community Water Systems (CWSs), comply with the Safe Drinking Water Act (SDWA). Each year thousands of CWSs continue to violate one or more drinking water standards, exposing millions of people to potential health risks. During the next four years, EPA will ramp up its field presence, take impactful enforcement to increase compliance, and offer more compliance assistance to prevent and address public health risks.
Chemical Accident Risk Reduction - This initiative seeks to reduce the likelihood of catastrophic chemical releases, and to address the problem of avoidable chemical incidents that continue to occur throughout the country. Thousands of facilities nationwide make, use, and store extremely hazardous substances. Disastrous fires, leaks, and explosions at these facilities can result in fatalities and serious injuries, evacuations, shelter in place orders, toxic exposure, and other harm to workers, first responders, and neighboring communities. EPA has found significant noncompliance with companies who handle extremely hazardous substances and will target companies that choose not to comply with risk management requirements established to protect public health and safety from extremely hazardous chemical releases.
To help inform the selection of the FY 2024-2027 NECIs, EPA solicited public comment via a Federal Register notice to provide ample opportunity for stakeholder input. EPA also considered input on this cycle of NECIs from states, territories, and Tribes, as well as from the public, environmental groups, and regulated entities.
Learn more about EPA’s NECI’s for FY 2024-2027.