EPA Takes Action to Protect Delaware River and to Hold Delhi, NY Company Accountable for Violating Clean Water Act and Clean Air Act
NEW YORK – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice have settled a case against FrieslandCampina Ingredients North America, Inc. (Friesland) of Delhi, NY for violations of the Clean Water Act and the Clean Air Act. The company’s Clean Water Act violations led to excessive pollution that interfered with and passed through the Village of Delhi wastewater treatment plant (WWTP) into the West Branch of the Delaware River which is part of the watershed supplying drinking water to NYC and other water systems. This action also addresses the company’s Clean Air Act violations which led to excessive emissions of toluene, a volatile organic compound and hazardous air pollutant. The company will pay a civil penalty of $2.88 million and has already addressed the causes of the violations. Additionally, the company will perform a supplemental environmental project (SEP) to significantly reduce its discharges of heated water to the river at a cost of $1.44 million.
“This settlement will result in a 95% reduction of toluene emissions into the air, as well as significant reductions in discharges of pollutants into the West Branch of the Delaware River, which is a drinking water source,” said EPA Regional Administrator Lisa F. Garcia. “This settlement sends an important message that the United States will take decisive action to hold companies accountable for failing to properly control pollutants being emitted into the air and discharged into the water, and that shirk permitting and reporting responsibilities. EPA’s work will benefit the people of Delhi and will result in a healthier Delaware River for all who enjoy and rely on it.”
“Today’s settlement secures significant reductions in air pollution and improves water quality in the Delaware River and a watershed system that provides drinking water to millions of Americans,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The settlement shows the United States’ commitment to ensuring that companies like Friesland comply with federal law requirements that limit discharge of industrial pollutants to our air and water.”
“DEC is committed to ensuring the safety of New York’s air and water for all and will continue to work hand-in-hand with our state and federal partners to hold those who violate New York's strict environmental laws accountable,” said Commissioner Basil Seggos for the New York State Department of Environmental Conservation. “Thanks to the partnership with the New York State Attorney General’s Office, U.S. Environmental Protection Agency, and the U.S. Department of Justice, this joint enforcement action and substantial penalty will require FrieslandCampina to improve its operations, protect Delhi residents, and fund environmental benefit projects that will improve the surrounding community."
As a significant industrial source under the Clean Water Act, Friesland must first treat its wastewater – a process referred to as pre-treatment – before discharging it to the local municipal wastewater treatment plant. Proper pre-treatment prevents excessive pollution levels, which can interfere with the effectiveness of the wastewater treatment plant and can cause untreated pollutants to pass through the plant into receiving waters. In this case, the pollution levels that the company discharged exceeded levels set by the Village of Delhi on at least 65 occasions. The company also failed to comply with the requirement of New York’s industrial stormwater permit, which prohibits the exposure of industrial materials and activities to rain, snow, snowmelt, or runoff that can transport pollutants to surface waters.
The company is also a major source of toluene emissions under the Clean Air Act. Exposure to toluene can harm the nervous system and negatively impact the kidney, liver, and immune system. Friesland failed to obtain the proper permit coverage for its toluene emissions and to install the necessary emission controls and violated other permitting and reporting requirements.
As a result of EPA’s enforcement actions, Friesland has completed approximately $6 million worth of work to come into compliance with all applicable CAA and CWA requirements by, among other things, installing equipment to properly control its toluene emissions, upgrading its wastewater pretreatment plant to properly treat its wastewater, and taking other corrective measures.
Furthermore, Friesland will perform a supplemental environmental project to reduce its discharges of heated water by converting its non-contact cooling water system to a recirculating closed-loop system. The new system will reduce Friesland’s discharges of heated water to the West Branch of the Delaware River by approximately 85%. The river is habitat for several species of trout, and water temperature is essential to this habitat because trout are a cold-water species that cannot survive in warmer water temperatures.
The consent decree for this settlement, lodged in the U.S. District Court for the Northern District of New York, is subject to a 30-day public comment period and approval by the court. A copy of the consent decree and information on submitting comments will be available on the Department of Justice website at: www.justice.gov/enrd/consent-decrees.
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“This settlement will result in a 95% reduction of toluene emissions into the air, as well as significant reductions in discharges of pollutants into the West Branch of the Delaware River, which is a drinking water source,” said EPA Regional Administrator Lisa F. Garcia. “This settlement sends an important message that the United States will take decisive action to hold companies accountable for failing to properly control pollutants being emitted into the air and discharged into the water, and that shirk permitting and reporting responsibilities. EPA’s work will benefit the people of Delhi and will result in a healthier Delaware River for all who enjoy and rely on it.”
“Today’s settlement secures significant reductions in air pollution and improves water quality in the Delaware River and a watershed system that provides drinking water to millions of Americans,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The settlement shows the United States’ commitment to ensuring that companies like Friesland comply with federal law requirements that limit discharge of industrial pollutants to our air and water.”
“DEC is committed to ensuring the safety of New York’s air and water for all and will continue to work hand-in-hand with our state and federal partners to hold those who violate New York's strict environmental laws accountable,” said Commissioner Basil Seggos for the New York State Department of Environmental Conservation. “Thanks to the partnership with the New York State Attorney General’s Office, U.S. Environmental Protection Agency, and the U.S. Department of Justice, this joint enforcement action and substantial penalty will require FrieslandCampina to improve its operations, protect Delhi residents, and fund environmental benefit projects that will improve the surrounding community."
As a significant industrial source under the Clean Water Act, Friesland must first treat its wastewater – a process referred to as pre-treatment – before discharging it to the local municipal wastewater treatment plant. Proper pre-treatment prevents excessive pollution levels, which can interfere with the effectiveness of the wastewater treatment plant and can cause untreated pollutants to pass through the plant into receiving waters. In this case, the pollution levels that the company discharged exceeded levels set by the Village of Delhi on at least 65 occasions. The company also failed to comply with the requirement of New York’s industrial stormwater permit, which prohibits the exposure of industrial materials and activities to rain, snow, snowmelt, or runoff that can transport pollutants to surface waters.
The company is also a major source of toluene emissions under the Clean Air Act. Exposure to toluene can harm the nervous system and negatively impact the kidney, liver, and immune system. Friesland failed to obtain the proper permit coverage for its toluene emissions and to install the necessary emission controls and violated other permitting and reporting requirements.
As a result of EPA’s enforcement actions, Friesland has completed approximately $6 million worth of work to come into compliance with all applicable CAA and CWA requirements by, among other things, installing equipment to properly control its toluene emissions, upgrading its wastewater pretreatment plant to properly treat its wastewater, and taking other corrective measures.
Furthermore, Friesland will perform a supplemental environmental project to reduce its discharges of heated water by converting its non-contact cooling water system to a recirculating closed-loop system. The new system will reduce Friesland’s discharges of heated water to the West Branch of the Delaware River by approximately 85%. The river is habitat for several species of trout, and water temperature is essential to this habitat because trout are a cold-water species that cannot survive in warmer water temperatures.
The consent decree for this settlement, lodged in the U.S. District Court for the Northern District of New York, is subject to a 30-day public comment period and approval by the court. A copy of the consent decree and information on submitting comments will be available on the Department of Justice website at: www.justice.gov/enrd/consent-decrees.
Follow EPA Region 2 on Twitter and Facebook page. For more information about EPA Region 2, visit our website.
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EPA Settles with World’s Third Largest Shipping Container Company over Claims of Clean Water Act Violations
SAN FRANCISCO – The U.S. Environmental Protection Agency (EPA) has settled with CMA CGM, the world’s third largest shipping container company, over claims of violations of EPA’s Vessel General Permit issued under the Clean Water Act. Under the terms of the settlements, CMA CGM will pay $165,000 in penalties for claims of violations by four of the company’s ships involving ballast water discharge, recordkeeping, inspection, monitoring, and reporting.
"The Vessel General Permit is a key element of the Clean Water Act. When companies and their ships don't comply with this permit, the quality of our nation's already-challenged waters can be seriously impacted," said EPA Pacific Southwest Regional Administrator Martha Guzman. "It's incumbent upon vessel owners and operators to properly manage what they discharge into our oceans, and to meet their monitoring and reporting requirements."
CMA CGM is a privately-owned company headquartered in Marseille, France. The company failed to:
Treat ballast water prior to discharging it in a manner consistent with the compliance deadline at U.S. ports, including the Port of Los Angeles in California.
Record the findings of annual comprehensive inspections.
Conduct an annual calibration of a ballast water treatment system.
Monitor and sample discharges from ballast water treatment systems.
Report complete and accurate information in annual reports.
The settlement includes penalties for the following vessels of $48,277 for the CMA CGM A. Lincoln, $48,233 for the CMA CGM T. Jefferson, $52,197 for the CMA CGM Fidelio, and $16,293 for the APL Columbus.
Vessel self-inspections are required as a means of identifying, for example, potential sources of spills, broken pollution prevention equipment, or other issues that might lead to permit violations. Self-inspections empower the owner or operator to diagnose and fix problems in a timely manner to remain compliant with the permit and with U.S. law. Because the Clean Water Act relies on self-reporting of permittees, violations tied to failures or delays in inspection, monitoring, and reporting are serious and undermine the permit program.
In addition, it is important that such discharges by ships be monitored to ensure that aquatic ecosystems are protected from discharges that contain pollutants. Invasive species are a persistent problem in U.S. coastal and inland waters. Improper management of ballast water can introduce invasive species or damage local species by disrupting habitats and increasing competitive pressure. Discharges of other waste streams regulated by the Vessel General Permit (e.g., graywater, exhaust gas scrubber water, lubricants, etc.) can cause toxic impacts to local species or contain pathogenic organisms.
EPA's settlement with CMA CGM resolves claims of Clean Water Act violations and are subject to a 30-day public comment period prior to final approval. For more information and to submit comments, click here for the CMA CGM T. Jefferson, click here for the APL Columbus, click here for the CMA CGM Fidelio, and click here for the CMA CGM A. Lincoln.
Learn more about EPA’s Vessel General Permit, its recent Enforcement Alert, and Vessels, Marinas and Ports.
Learn more about EPA’s Pacific Southwest Region. Connect with us on Facebook and on Twitter.
"The Vessel General Permit is a key element of the Clean Water Act. When companies and their ships don't comply with this permit, the quality of our nation's already-challenged waters can be seriously impacted," said EPA Pacific Southwest Regional Administrator Martha Guzman. "It's incumbent upon vessel owners and operators to properly manage what they discharge into our oceans, and to meet their monitoring and reporting requirements."
CMA CGM is a privately-owned company headquartered in Marseille, France. The company failed to:
Treat ballast water prior to discharging it in a manner consistent with the compliance deadline at U.S. ports, including the Port of Los Angeles in California.
Record the findings of annual comprehensive inspections.
Conduct an annual calibration of a ballast water treatment system.
Monitor and sample discharges from ballast water treatment systems.
Report complete and accurate information in annual reports.
The settlement includes penalties for the following vessels of $48,277 for the CMA CGM A. Lincoln, $48,233 for the CMA CGM T. Jefferson, $52,197 for the CMA CGM Fidelio, and $16,293 for the APL Columbus.
Vessel self-inspections are required as a means of identifying, for example, potential sources of spills, broken pollution prevention equipment, or other issues that might lead to permit violations. Self-inspections empower the owner or operator to diagnose and fix problems in a timely manner to remain compliant with the permit and with U.S. law. Because the Clean Water Act relies on self-reporting of permittees, violations tied to failures or delays in inspection, monitoring, and reporting are serious and undermine the permit program.
In addition, it is important that such discharges by ships be monitored to ensure that aquatic ecosystems are protected from discharges that contain pollutants. Invasive species are a persistent problem in U.S. coastal and inland waters. Improper management of ballast water can introduce invasive species or damage local species by disrupting habitats and increasing competitive pressure. Discharges of other waste streams regulated by the Vessel General Permit (e.g., graywater, exhaust gas scrubber water, lubricants, etc.) can cause toxic impacts to local species or contain pathogenic organisms.
EPA's settlement with CMA CGM resolves claims of Clean Water Act violations and are subject to a 30-day public comment period prior to final approval. For more information and to submit comments, click here for the CMA CGM T. Jefferson, click here for the APL Columbus, click here for the CMA CGM Fidelio, and click here for the CMA CGM A. Lincoln.
Learn more about EPA’s Vessel General Permit, its recent Enforcement Alert, and Vessels, Marinas and Ports.
Learn more about EPA’s Pacific Southwest Region. Connect with us on Facebook and on Twitter.
EPA Proposes to Deny Alabama’s Coal Ash Permit Program and Better Protect Local Communities from Pollution
WASHINGTON – Today, the U.S. Environmental Protection Agency issued a proposed denial of Alabama’s permit program to manage coal combustion residuals – commonly known as CCR or coal ash – in landfills and surface impoundments. In its first proposed denial of a state coal ash permit program, EPA finds that the Alabama permit program is significantly less protective of people and waterways than the federal regulations require. Under the federal regulations, surface impoundments cannot be closed if, once closure is complete, the coal ash continues to be saturated by groundwater. Facilities must prevent groundwater from infiltrating and flowing out of the closed unit to prevent additional groundwater contamination. In contrast, Alabama does not require that groundwater infiltration be adequately addressed during the closure of these coal ash units.
Today’s action advances the Biden-Harris Administration’s commitment to protect all communities from pollution and advance environmental justice, with a strong focus on the need to address health and environmental impacts, including for marginalized and overburdened communities that bear a disproportionate burden of pollution.
“Exposure to coal ash can lead to serious health concerns like cancer if the ash isn’t managed appropriately,” said EPA Administrator Michael S. Regan. “Low-income and underserved communities are especially vulnerable to coal ash in waterways, groundwater, drinking water, and in the air. This is why EPA works closely with states to ensure coal ash is disposed of safely, so that water sources remain free of this pollution and communities are protected from contamination.”
EPA has approved three other state CCR permitting programs. However, EPA is proposing to deny the Alabama CCR permit program application because it does not meet the standard for approval under the Resource Conservation and Recovery Act. Under this law, each CCR unit (i.e., landfills or surface impoundments) in the state must achieve compliance with either the federal CCR regulations or state criteria that EPA has determined are at least as protective as the federal criteria. The Alabama Department of Environmental Management (ADEM) largely adopted the language in the federal CCR regulations into its state regulations. However, when EPA reviewed Alabama’s CCR permits, EPA found that the permits were not as protective as the federal CCR regulations.
EPA identified deficiencies in ADEM’s permits with closure requirements for unlined surface impoundments, groundwater monitoring networks, and corrective action requirements. EPA discussed these issues with ADEM; however, the state agency has not revised its permits or supplemented its application to explain how such permits are as protective as the federal CCR requirements.
Should EPA’s proposed denial of Alabama’s coal ash permit program be finalized, the consequence would be that facilities will still be required to comply with the federal CCR regulations. If EPA determines that there are any immediate threats to human health or the environment posed by CCR facilities (whether unpermitted or currently permitted by the state), EPA will consider using all available authorities, including enforcement and response authorities provided under federal law.
EPA is soliciting comments on this proposal for 60 days, during which an in-person public hearing will be held for interested persons to present information and comments about this proposed program. To learn about this proposed denial, visit our Alabama Coal Combustion Residuals Permit Program webpage.
Background
Coal ash is a byproduct of burning coal in coal-fired power plants that, without proper management, can pollute waterways, groundwater, drinking water, and the air. Coal ash contains contaminants like mercury, cadmium, chromium, and arsenic associated with cancer and other serious health effects.
EPA issued a final rule in April 2015 regulating CCR under RCRA and establishing minimum national standards governing the disposal of CCR from electric utilities in landfills and surface impoundments. At the time the CCR rule was issued, EPA did not have authority under RCRA to regulate CCR disposal through state permit programs. Instead, utilities were responsible for directly implementing the requirements of EPA’s 2015 CCR rule, which were enforceable only through citizen suits.
Congress recognized the essential role of the states in its passage of the 2016 Water Infrastructure Improvements for the Nation (WIIN) Act which, among other changes, amended RCRA to give states the authority to operate permit programs, provided EPA determines that the state’s requirements are as protective as the federal standards. Now, states may develop and submit coal ash permit programs to EPA for approval. Applications must provide evidence of permit programs or other systems of prior approval and be as protective as the federal regulations currently in place. Once approved, the state permit programs operate in place of the federal management standards for coal ash disposal.
Once states have approved CCR permit programs in place, the WIIN Act contains provisions for how and when states must update their approved programs when changes are made to the CCR requirements at the federal level. EPA encourages states with coal ash facilities to apply to establish their permit programs, as the states of Oklahoma, Georgia, and Texas have done. Many states have engaged with EPA on how to set up their programs and how their current state regulations could be revised to incorporate the federal requirements.
Visit the Permit Programs for CCR webpage.
Today’s action advances the Biden-Harris Administration’s commitment to protect all communities from pollution and advance environmental justice, with a strong focus on the need to address health and environmental impacts, including for marginalized and overburdened communities that bear a disproportionate burden of pollution.
“Exposure to coal ash can lead to serious health concerns like cancer if the ash isn’t managed appropriately,” said EPA Administrator Michael S. Regan. “Low-income and underserved communities are especially vulnerable to coal ash in waterways, groundwater, drinking water, and in the air. This is why EPA works closely with states to ensure coal ash is disposed of safely, so that water sources remain free of this pollution and communities are protected from contamination.”
EPA has approved three other state CCR permitting programs. However, EPA is proposing to deny the Alabama CCR permit program application because it does not meet the standard for approval under the Resource Conservation and Recovery Act. Under this law, each CCR unit (i.e., landfills or surface impoundments) in the state must achieve compliance with either the federal CCR regulations or state criteria that EPA has determined are at least as protective as the federal criteria. The Alabama Department of Environmental Management (ADEM) largely adopted the language in the federal CCR regulations into its state regulations. However, when EPA reviewed Alabama’s CCR permits, EPA found that the permits were not as protective as the federal CCR regulations.
EPA identified deficiencies in ADEM’s permits with closure requirements for unlined surface impoundments, groundwater monitoring networks, and corrective action requirements. EPA discussed these issues with ADEM; however, the state agency has not revised its permits or supplemented its application to explain how such permits are as protective as the federal CCR requirements.
Should EPA’s proposed denial of Alabama’s coal ash permit program be finalized, the consequence would be that facilities will still be required to comply with the federal CCR regulations. If EPA determines that there are any immediate threats to human health or the environment posed by CCR facilities (whether unpermitted or currently permitted by the state), EPA will consider using all available authorities, including enforcement and response authorities provided under federal law.
EPA is soliciting comments on this proposal for 60 days, during which an in-person public hearing will be held for interested persons to present information and comments about this proposed program. To learn about this proposed denial, visit our Alabama Coal Combustion Residuals Permit Program webpage.
Background
Coal ash is a byproduct of burning coal in coal-fired power plants that, without proper management, can pollute waterways, groundwater, drinking water, and the air. Coal ash contains contaminants like mercury, cadmium, chromium, and arsenic associated with cancer and other serious health effects.
EPA issued a final rule in April 2015 regulating CCR under RCRA and establishing minimum national standards governing the disposal of CCR from electric utilities in landfills and surface impoundments. At the time the CCR rule was issued, EPA did not have authority under RCRA to regulate CCR disposal through state permit programs. Instead, utilities were responsible for directly implementing the requirements of EPA’s 2015 CCR rule, which were enforceable only through citizen suits.
Congress recognized the essential role of the states in its passage of the 2016 Water Infrastructure Improvements for the Nation (WIIN) Act which, among other changes, amended RCRA to give states the authority to operate permit programs, provided EPA determines that the state’s requirements are as protective as the federal standards. Now, states may develop and submit coal ash permit programs to EPA for approval. Applications must provide evidence of permit programs or other systems of prior approval and be as protective as the federal regulations currently in place. Once approved, the state permit programs operate in place of the federal management standards for coal ash disposal.
Once states have approved CCR permit programs in place, the WIIN Act contains provisions for how and when states must update their approved programs when changes are made to the CCR requirements at the federal level. EPA encourages states with coal ash facilities to apply to establish their permit programs, as the states of Oklahoma, Georgia, and Texas have done. Many states have engaged with EPA on how to set up their programs and how their current state regulations could be revised to incorporate the federal requirements.
Visit the Permit Programs for CCR webpage.
EPA Celebrates the 2023 Winners for the Presidential Environmental Youth Award and the Presidential Innovation Award for Environmental Educators
WASHINGTON – Today, the U.S. Environmental Protection Agency, in partnership with the White House Council on Environmental Quality, celebrated the 2023 Presidential Environmental Youth Award (PEYA) and the Presidential Innovation Award for Environmental Educators (PIAEE) Awards Ceremony. This ceremony marks an annual recognition of outstanding youth who are dedicated to environmental stewardship and impressive teachers who have contributed significantly to environmental education.
“We are thrilled to have this moment each year to celebrate such incredible leaders who promote environmental awareness through education in profound ways,” said EPA Administrator Michael S. Regan. “Climate change is one of the most pressing challenges we face today, and these students and teachers are rising to the occasion and showing us what it means to fight for a cleaner planet and healthier future.”
“We all have a role to play in tackling our planet's most pressing environmental challenges, and education is the foundation for environmental stewardship and innovation,” said White House Council on Environmental Quality Chair Brenda Mallory. “Congratulations to these outstanding students and educators – your determination and creativity show us that a more sustainable and equitable future is on the horizon.”
Since 1971, the President of the United States has joined with EPA to recognize young people for protecting our nation's air, water, land, and ecology. The PEYA program recognizes outstanding environmental stewardship projects developed by K-12 youth.
This program honors and brings to light a wide variety of projects developed by these young students, school classes and clubs, youth camps, and youth organizations to promote environmental awareness and action in their schools and communities. The PEYA program promotes awareness of our nation's natural resources and encourages positive community involvement.
PIAEE is another program recognizing outstanding K-12 teachers who employ innovative approaches to environmental education and use the environment as a context to engage their students. With each teacher providing informal hands-on environmental education to students, helping to advance their knowledge of real-world environmental issues while at the same time allowing the teachers to bring creative ways into the classroom to teach their students about the environment.
To read about the winning projects in detail, visit the President's Environmental Youth Award Winners webpage and the Presidential Innovation Award for Environmental Educators Winners webpage.
“We are thrilled to have this moment each year to celebrate such incredible leaders who promote environmental awareness through education in profound ways,” said EPA Administrator Michael S. Regan. “Climate change is one of the most pressing challenges we face today, and these students and teachers are rising to the occasion and showing us what it means to fight for a cleaner planet and healthier future.”
“We all have a role to play in tackling our planet's most pressing environmental challenges, and education is the foundation for environmental stewardship and innovation,” said White House Council on Environmental Quality Chair Brenda Mallory. “Congratulations to these outstanding students and educators – your determination and creativity show us that a more sustainable and equitable future is on the horizon.”
Since 1971, the President of the United States has joined with EPA to recognize young people for protecting our nation's air, water, land, and ecology. The PEYA program recognizes outstanding environmental stewardship projects developed by K-12 youth.
This program honors and brings to light a wide variety of projects developed by these young students, school classes and clubs, youth camps, and youth organizations to promote environmental awareness and action in their schools and communities. The PEYA program promotes awareness of our nation's natural resources and encourages positive community involvement.
PIAEE is another program recognizing outstanding K-12 teachers who employ innovative approaches to environmental education and use the environment as a context to engage their students. With each teacher providing informal hands-on environmental education to students, helping to advance their knowledge of real-world environmental issues while at the same time allowing the teachers to bring creative ways into the classroom to teach their students about the environment.
To read about the winning projects in detail, visit the President's Environmental Youth Award Winners webpage and the Presidential Innovation Award for Environmental Educators Winners webpage.
EPA Announces Final Cleanup Plan for Drinking Water Aquifer on Tohono O’odham Nation
TUCSON - The U.S. Environmental Protection Agency (EPA) has finalized its plan for the cleanup of the Cyprus Tohono Mine Site Basin Fill Aquifer under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), also known as the Superfund law. The newly signed Record of Decision outlines a cleanup plan which will use reverse osmosis treatment for groundwater contaminated with perchlorate, uranium, and sulfate, and will restore groundwater as a drinking water resource.
The Cyprus Tohono Mine Site is located on the Tohono O’odham Nation near the Village of North Komelik, about 30 miles south of Casa Grande, Arizona. Mine waste which caused the groundwater contamination was removed in 2008, but an approximate 4-mile-long plume of groundwater polluted by perchlorate, sulfate, and uranium remains in what is known as the Basin Fill Aquifer. This aquifer was formerly a drinking water source, but alternative drinking water is currently being supplied to nearby residents due to its contamination.
“Ensuring access to clean and safe drinking water is one of EPA’s most important missions,” said EPA Director of Region 9 Superfund and Emergency Management Division Michael Montgomery. “Today’s announcement is an essential step in reducing the burden on communities in the region, including the Tohono O’odham Nation.”
The selected cleanup plan will pump out and treat contaminated groundwater with a technology called reverse osmosis, a water treatment process that removes contaminants from water using pressure to force water through a semipermeable membrane where the contaminants are filtered out. Treated water will then be reinjected back into the aquifer or made available for other beneficial uses. Additionally, wells will be installed to monitor the site contamination to ensure it is cleaned up as intended.
While the cleanup plan selected cleans up the site in the shortest timeframe, EPA estimates it will take about 30 years to complete, with an additional 20 years of monitoring. This site is being cleaned up under what’s known as the Superfund Alternative Approach program.
The Cyprus Tohono Mine site’s contamination originally stems from copper sulfide and oxide ore mining operations in the 1880s. During the 1950s and 60s, the site included a small open pit copper oxide mine, which eventually was enlarged to remove 350,000 tons of ore. From 1975-1997, large-scale copper mining produced about 25 million tons of ore. Cyprus Tohono Corporation began operating the property in 1987. Since 2009, no active mining has occurred at the site.
Learn more by visiting EPA’s Cyprus Tohono Mine Site webpage.
Learn more about EPA’s Pacific Southwest Region. Connect with us on Facebook and Twitter.
The Cyprus Tohono Mine Site is located on the Tohono O’odham Nation near the Village of North Komelik, about 30 miles south of Casa Grande, Arizona. Mine waste which caused the groundwater contamination was removed in 2008, but an approximate 4-mile-long plume of groundwater polluted by perchlorate, sulfate, and uranium remains in what is known as the Basin Fill Aquifer. This aquifer was formerly a drinking water source, but alternative drinking water is currently being supplied to nearby residents due to its contamination.
“Ensuring access to clean and safe drinking water is one of EPA’s most important missions,” said EPA Director of Region 9 Superfund and Emergency Management Division Michael Montgomery. “Today’s announcement is an essential step in reducing the burden on communities in the region, including the Tohono O’odham Nation.”
The selected cleanup plan will pump out and treat contaminated groundwater with a technology called reverse osmosis, a water treatment process that removes contaminants from water using pressure to force water through a semipermeable membrane where the contaminants are filtered out. Treated water will then be reinjected back into the aquifer or made available for other beneficial uses. Additionally, wells will be installed to monitor the site contamination to ensure it is cleaned up as intended.
While the cleanup plan selected cleans up the site in the shortest timeframe, EPA estimates it will take about 30 years to complete, with an additional 20 years of monitoring. This site is being cleaned up under what’s known as the Superfund Alternative Approach program.
The Cyprus Tohono Mine site’s contamination originally stems from copper sulfide and oxide ore mining operations in the 1880s. During the 1950s and 60s, the site included a small open pit copper oxide mine, which eventually was enlarged to remove 350,000 tons of ore. From 1975-1997, large-scale copper mining produced about 25 million tons of ore. Cyprus Tohono Corporation began operating the property in 1987. Since 2009, no active mining has occurred at the site.
Learn more by visiting EPA’s Cyprus Tohono Mine Site webpage.
Learn more about EPA’s Pacific Southwest Region. Connect with us on Facebook and Twitter.
EPA penalizes Alaska homebuilder $107,000 for violations of Clean Water Act
SEATTLE – The U.S. Environmental Protection Agency announced today that Robert Yundt Homes, LLC and Mr. Robert Yundt, based in Wasilla, Alaska, were penalized $107,000 for violations of the Clean Water Act.
From 2019 through 2021, Robert Yundt Homes, LLC and Mr. Yundt are accused of using heavy earthmoving equipment to relocate and discharge material into Wasilla Lake and Cottonwood Lake, resulting in environmental impacts along the shorelines and adjacent wetlands.
In response, EPA issued multiple administrative compliance orders on consent requiring Robert Yundt Homes, LLC to perform certain restoration and mitigation activities to remedy the harms to the environment. Robert Yundt Homes, LLC also agreed to pay $29,500 in penalties.
After Robert Yundt Homes, LLC failed to comply with the administrative compliance orders on consent, the U.S. Department of Justice filed a complaint in the U.S. District Court for the District of Alaska against Robert Yundt Homes, LLC and Mr. Yundt. To resolve the violations of the administrative compliance orders and the underlying Clean Water Act violations, Robert Yundt Homes, LLC, Mr. Yundt, EPA, and the U.S. Department of Justice have agreed to a Consent Decree that requires the Defendants to conduct fill removal and habitat restoration activities along the shoreline of Wasilla Lake, restore and preserve wetlands adjacent to Cottonwood Lake in perpetuity through an environmental covenant, and pay an additional $77,500 in penalties.
“In order to protect human health and the environment it is absolutely vital that building and construction companies obtain the appropriate permits and comply with EPA administrative orders” said EPA Region 10 Office of Enforcement and Compliance Assurance Director Ed Kowalski. “As this case demonstrates, the secondary and tertiary effects of unauthorized discharges associated with construction activities can be felt by the entire community.”
“Violations of the Clean Water Act can significantly affect the lives of Alaskans, and those who partake in these unlawful actions will face consequences,” said U.S. Attorney S. Lane Tucker for the District of Alaska. “The U.S. Attorney’s Office will continue to support our partners across the nation to protect our communities and ecosystems from the effects of illegal environmental degradation, as in the case of Robert Yundt Homes, LLC.”
Wasilla Lake and Cottonwood Lake are catalogued by the Alaska Department of Fish and Game as waters important for anadromous fish, including spawning habitat for coho and sockeye salmon.
Opportunity for public comment
The Consent Decree is currently available for public review and comment before it is effective. EPA and the U.S. Department of Justice invite all affected community members and other stakeholders to review the Consent Decree and provide any relevant comments. The public comment process is designed to help ensure that all voices are heard and that all views about the Consent Decree are considered.
To review the materials for this action and/or provide comment, please go to: https://www.federalregister.gov/documents/2023/07/31/2023-16084/notice-of-lodging-of-proposed-consent-decree.
The deadline to submit public comments is Aug. 30.
From 2019 through 2021, Robert Yundt Homes, LLC and Mr. Yundt are accused of using heavy earthmoving equipment to relocate and discharge material into Wasilla Lake and Cottonwood Lake, resulting in environmental impacts along the shorelines and adjacent wetlands.
In response, EPA issued multiple administrative compliance orders on consent requiring Robert Yundt Homes, LLC to perform certain restoration and mitigation activities to remedy the harms to the environment. Robert Yundt Homes, LLC also agreed to pay $29,500 in penalties.
After Robert Yundt Homes, LLC failed to comply with the administrative compliance orders on consent, the U.S. Department of Justice filed a complaint in the U.S. District Court for the District of Alaska against Robert Yundt Homes, LLC and Mr. Yundt. To resolve the violations of the administrative compliance orders and the underlying Clean Water Act violations, Robert Yundt Homes, LLC, Mr. Yundt, EPA, and the U.S. Department of Justice have agreed to a Consent Decree that requires the Defendants to conduct fill removal and habitat restoration activities along the shoreline of Wasilla Lake, restore and preserve wetlands adjacent to Cottonwood Lake in perpetuity through an environmental covenant, and pay an additional $77,500 in penalties.
“In order to protect human health and the environment it is absolutely vital that building and construction companies obtain the appropriate permits and comply with EPA administrative orders” said EPA Region 10 Office of Enforcement and Compliance Assurance Director Ed Kowalski. “As this case demonstrates, the secondary and tertiary effects of unauthorized discharges associated with construction activities can be felt by the entire community.”
“Violations of the Clean Water Act can significantly affect the lives of Alaskans, and those who partake in these unlawful actions will face consequences,” said U.S. Attorney S. Lane Tucker for the District of Alaska. “The U.S. Attorney’s Office will continue to support our partners across the nation to protect our communities and ecosystems from the effects of illegal environmental degradation, as in the case of Robert Yundt Homes, LLC.”
Wasilla Lake and Cottonwood Lake are catalogued by the Alaska Department of Fish and Game as waters important for anadromous fish, including spawning habitat for coho and sockeye salmon.
Opportunity for public comment
The Consent Decree is currently available for public review and comment before it is effective. EPA and the U.S. Department of Justice invite all affected community members and other stakeholders to review the Consent Decree and provide any relevant comments. The public comment process is designed to help ensure that all voices are heard and that all views about the Consent Decree are considered.
To review the materials for this action and/or provide comment, please go to: https://www.federalregister.gov/documents/2023/07/31/2023-16084/notice-of-lodging-of-proposed-consent-decree.
The deadline to submit public comments is Aug. 30.
University of Wyoming students awarded $25K for air quality monitoring during wildfires
LARAMIE, Wyo. – This week, the U.S. Environmental Protection Agency (EPA) announced a $25,000 grant for a team of students at the University of Wyoming in Laramie to develop a citizen science air quality reporting system.
As part of EPA’s People, Prosperity and the Planet (P3) Program, the award will provide funding for the proposed project through July 31, 2024. The students will develop a mobile app that outdoor recreators in Albany County, Wyoming, can use to report air particle levels at backcountry trails. Data collected through the project will help inform safe outdoor recreation decisions during wildfires.
“Air particle pollution from wildfires is an increasing threat to human health, the environment and recreation-dependent economies,” said KC Becker, EPA Regional Administrator. “Congratulations to these University of Wyoming students, whose proposal uses imagination and science to develop an innovative solution to wildfire-related challenges.”
This award is part of $523,796 in funding that EPA granted to 21 student teams across the country. The EPA announced the winners as Phase I of the 19th Annual P3 awards. All Phase I recipients will be eligible to compete for a Phase II grant of up to $100,000 to further implement their designs.
More information about all 2023 P3 Phase I winners is available on the EPA website.
As part of EPA’s People, Prosperity and the Planet (P3) Program, the award will provide funding for the proposed project through July 31, 2024. The students will develop a mobile app that outdoor recreators in Albany County, Wyoming, can use to report air particle levels at backcountry trails. Data collected through the project will help inform safe outdoor recreation decisions during wildfires.
“Air particle pollution from wildfires is an increasing threat to human health, the environment and recreation-dependent economies,” said KC Becker, EPA Regional Administrator. “Congratulations to these University of Wyoming students, whose proposal uses imagination and science to develop an innovative solution to wildfire-related challenges.”
This award is part of $523,796 in funding that EPA granted to 21 student teams across the country. The EPA announced the winners as Phase I of the 19th Annual P3 awards. All Phase I recipients will be eligible to compete for a Phase II grant of up to $100,000 to further implement their designs.
More information about all 2023 P3 Phase I winners is available on the EPA website.
Fort Lewis College students awarded $25K for water quality testing project
DURANGO, Colo. – This week, the U.S. Environmental Protection Agency (EPA) announced $25,000 in funding to a team of students at Fort Lewis College in Durango, Colorado, for its proposed water bacteria detection research project.
As part of EPA’s People, Prosperity and the Planet (P3) Program, the award will provide funding through July 31, 2024, for the students to develop a method of easily and rapidly detecting harmful waterborne bacteria in the lab. The students will test water samples from the Animas River and communicate the importance of water resource protection to communities in the Four Corners area.
“Access to clean water is critical for protecting human health and the environment,” said KC Becker, EPA Regional Administrator. “Congratulations to these Fort Lewis College students, whose proposal uses imagination and science to develop innovative solutions to water-quality challenges.”
This award is part of $523,796 in funding that EPA granted to 21 student teams across the country as Phase I of the 19th Annual P3 awards. All Phase I recipients will be eligible to compete for a Phase II grant of up to $100,000 to further implement their designs.
More information about all 2023 P3 Phase I winners is available on the EPA website.
As part of EPA’s People, Prosperity and the Planet (P3) Program, the award will provide funding through July 31, 2024, for the students to develop a method of easily and rapidly detecting harmful waterborne bacteria in the lab. The students will test water samples from the Animas River and communicate the importance of water resource protection to communities in the Four Corners area.
“Access to clean water is critical for protecting human health and the environment,” said KC Becker, EPA Regional Administrator. “Congratulations to these Fort Lewis College students, whose proposal uses imagination and science to develop innovative solutions to water-quality challenges.”
This award is part of $523,796 in funding that EPA granted to 21 student teams across the country as Phase I of the 19th Annual P3 awards. All Phase I recipients will be eligible to compete for a Phase II grant of up to $100,000 to further implement their designs.
More information about all 2023 P3 Phase I winners is available on the EPA website.