United States and State of Wisconsin Reach Settlement with Container Life Cycle Management on Air Emissions and Waste Management Violations

WASHINGTON - The United States and State of Wisconsin announced a settlement with Container Life Cycle Management LLC (CLCM) that addresses Clean Air Act (CAA) and Resource Conservation and Recovery Act (RCRA) violations at the company’s container reconditioning facilities in the Milwaukee, Wisconsin, area. The company will pay a $1.6 million civil penalty to be split evenly between the United States and the State.

In a complaint filed with the proposed settlement, the United States alleged violations of the CAA, most notably at CLCM’s St. Francis facility, for failure to control emissions of volatile organic compounds as required by the EPA-approved Wisconsin state implementation plan. The complaint also alleges RCRA violations related to storage and handling of hazardous waste at the company’s facilities in St. Francis and Oak Creek, Wisconsin and its then-operating facility in Milwaukee, Wisconsin.

“Today’s settlement will help us protect nearby residents and improve the region’s air quality,” said Larry Starfield, EPA’s Acting Assistant Administrator for Enforcement and Compliance Assurance. “This is a good example of EPA working cooperatively with our state partners to ensure environmental compliance and secure emissions reductions.”

“Today’s settlement benefits public health and the environment by ensuring proper handling of hazardous wastes at Container Life Cycle Management’s container reconditioning facilities and will significantly limit harmful emissions of volatile organic compounds,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division.

Highlights of the settlement include:

• The company has installed and must continuously operate a regenerative thermal oxidizer to control air emissions of volatile organic compounds at the St. Francis facility. The company will also construct additional emissions capture systems within the facility and conduct performance testing.
• At the Oak Creek facility, the company must install and continuously operate a new digital data recorder to record the temperature of the drum reclamation furnace afterburner. The company must maintain the afterburner temperature at or above 1,650 degrees and conduct performance testing.
• The company must implement a container management plan, or CMP, for a two-year period established by the consent decree. The CMP provides for storage of heavy and non-empty containers in RCRA-compliant hazardous waste storage areas. Certain reporting requirements continue beyond the initial two-year period.

The proposed settlement is subject to a 30-day public comment period and final court approval. To view the consent decree or to submit a comment, visit the Justice Department’s website.

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EPA Takes Next Steps in Renewable Fuel Standard Program for 2023-25

WASHINGTON — Today, EPA issued a multi-part proposal that will build on the strong foundation for the Renewable Fuel Standard (RFS) program started in the Biden-Harris Administration and seeks to advance the priorities of energy security, less pollution, and consumer protection. The RFS “Set” proposal requests public input on required volumes of biofuel for the next one to three years and on a series of important modifications to strengthen and expand the program. The agency is seeking public input on the proposal to help shape the RFS program in the years ahead.

“The Renewable Fuel Standard program is critical to helping incorporate more homegrown biofuels into the market,” said EPA Administrator Michael S. Regan. “This proposal supports low-carbon renewable fuels and seeks public input on ways to strengthen the program. With this proposal, EPA seeks to provide consumers with more options while diversifying our nation’s energy mix. EPA is also focused on strengthening the economics of our critical energy infrastructure, needed to maintain and boost our energy security. We’re eager to continue the dialogue on how biofuels can bolster U.S. energy security, protect consumers from high fuel costs, strengthen the rural economy, and help reduce greenhouse gas emissions.”

This proposal includes steady growth of biofuels for use in the nation’s fuel supply for 2023, 2024, and 2025. Because the Energy Independence and Security Act of 2007 (EISA) does not include volumes after 2022, this is the first time that EPA is setting these proposed biofuel volume targets without using those outlined in statute. When setting biofuel volumes for years after 2022, EPA must consider a variety of factors specified in the statute, including costs, air quality, climate change, implementation of the program to date, energy security, infrastructure issues, commodity prices, and water quality and supply.

The agency is seeking comment on the proposed volumes and how to appropriately balance these factors so that the program works for renewable fuel growers and producers, refiners and the union workers who operate these facilities, and fuel consumers. Because this rule is an opportunity to take a fresh look at many aspects of the program, EPA is also seeking comment on how this rule can intersect with continued viability of domestic oil refining assets, including merchant refineries, how best to support novel fuels like sustainable aviation fuels and clean hydrogen, and how to account for the new and updated incentives in the Inflation Reduction Act.

EPA is also proposing new regulations governing the generation of qualifying renewable electricity made from renewable biomass that is used for transportation fuel in electric vehicles. The agency is seeking comment on this new component of the RFS program that would tie electricity generation from renewable biomass into the program for the first time.

This proposed rule would increase U.S. energy security by reducing U.S. oil imports by roughly 160,000 to 180,000 barrels of oil per year over the time frame of the proposed rule, 2023 to 2025. The anticipated value of the energy security benefits over the time frame of the proposed rule ranges from $200-$223 million per year. 

An accompanying analysis shows the proposal would have minimal impacts on the price of refined products.

A summary of the proposed volume requirements for 2023-2025 is provided below:

Proposed Volume Targets (billion RINs)

	2023	2024	2025
Cellulosic biofuel	0.72	1.42	2.13
Biomass-based diesel*	2.82	2.89	2.95
Advanced biofuel	5.82	6.62	7.43
Renewable fuel	20.82	21.87	22.68
Supplemental standard	0.25	n/a	n/a

*Biomass-based diesel is in gallons

EPA will be soliciting public comment on the proposed rule and holding a public hearing in January. Learn more information on RFS volume requirements.

Learn more information on the RINs program.

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EPA awards New Jersey nearly $169 million in Bipartisan Infrastructure Law funding for water infrastructure improvements

NEW YORK — The U.S. Environmental Protection Agency (EPA) has awarded nearly $169 million in Bipartisan Infrastructure Law funding to New Jersey for water infrastructure improvements that will help communities access clean, safe and reliable drinking water, increase resilience, collect and treat wastewater to protect public health, clean up pollution, and safeguard vital waterways.

“The Bipartisan Infrastructure Law presents a unique opportunity to provide historical amounts of funding over five years for critical water infrastructure projects, especially in underserved communities,” said EPA Regional Administrator Lisa F. Garcia. “This is just the beginning, and we look forward to providing additional Bipartisan Infrastructure Law funding for this critical work to New Jersey in the years ahead.”

The Bipartisan Infrastructure Law 2022 funding allocation awards announced today are distributed through the Clean Water and Drinking Water State Revolving Funds (SRF)—over $73 million through the Clean Water SRF and over $95 million through the Drinking Water SRF for a total of $169 million. The Clean Water SRF primarily funds wastewater infrastructure improvement projects. These funds supplement nearly $48 million in regular funding to New Jersey’s Clean Water SRF program in fiscal year (FY) 2022.

EPA has awarded New Jersey a total of over $95 million in FY 2022 grants from the Bipartisan Infrastructure Law through the Drinking Water SRF, which includes $31 million for supplemental drinking water projects, $48 million to identify and replace lead service lines, and nearly $17 million to address emerging contaminants like PFAS. The funding supplements approximately $12 million in regular funding to New Jersey’s Drinking Water SRF program in FY 2022.

New Jersey has submitted and obtained EPA’s approval of its plans for the use of the FY 2022 funding announced today. These grants will continue to be awarded, on a rolling, state-by-state basis, as more states receive approval throughout FY 2023; states will also receive awards over the course of the next four years. Once grants are awarded, state programs will begin to deliver the funds as grants and loans to communities across their state.

“Thanks to the determined advocacy of New Jersey’s congressional delegation, the arrival of nearly $169 million in Bipartisan Infrastructure Law funding will further advance our progress toward fortifying the state’s water infrastructure,” said New Jersey Governor Phil Murphy. “Now more than ever, we recognize the crucial importance of high-quality drinking water and wastewater systems, especially in our environmental justice communities. This funding will help us deliver on the promise of securing safe, reliable drinking water and resilient wastewater and stormwater management systems for every New Jerseyan.” 

“Bipartisan Infrastructure Law funding from EPA is helping to power New Jersey's Water Infrastructure Investment Plan, enabling the Murphy Administration to reach even more communities with needed improvements to drinking water and wastewater systems," said New Jersey Commissioner of Environmental Protection Shawn M. LaTourette. “Together, we can ensure that generations of New Jerseyans receive reliably clean drinking water and enjoy fishable and swimmable waterways free of pollution – creating thousands of good-paying, family-sustaining jobs in the process."

“I was proud to work with my colleagues on both sides of the aisle to pass the bipartisan infrastructure bill last year. This additional funding will move our state closer to ensuring every New Jerseyan has safe and clean drinking water in their homes, schools, and businesses,” said U.S. Senator Bob Menendez. “Our state and municipalities need federal support to upgrade our water infrastructure and I’ll continue fighting for the resources we need to improve water quality and ensure the health and well-being of New Jersey’s families.” 

“The Infrastructure Investment and Jobs Act was a once-in-a-generation investment in our nation’s infrastructure, and it will do much more than just fix our crumbling roads and bridges,” said U.S. Senator Cory Booker. “Communities all across New Jersey need resources to replace their aging water infrastructure, which is why I proudly worked to deliver these resources. We know that disadvantaged communities disproportionately bear the impact of contaminants in water, from PFAS to lead exposure. Over the next five years, this historic infusion of federal funds will allow New Jersey to provide an unprecedented amount of funding to projects that will replace lead pipes, improve drinking water, and update wastewater infrastructure across the state.” 

Chairman Frank Pallone, Jr. said: “I’m thrilled New Jersey is receiving federal funding from the Bipartisan Infrastructure Law to ensure families can trust the water coming out of their tap. New Jersey has been working hard to address contaminants like PFAS and lead in drinking water, and this funding provides a critical opportunity to bolster that work and invest in water infrastructure projects that tackle these public health issues. I fought to include this funding in the Bipartisan Infrastructure Law, and I’ll keep fighting to make sure our state receives all the resources it needs to deliver the safe, clean drinking water every American deserves.” 

U.S. Representative Bill Pascrell, Jr. said: “Democrats passed the historic Infrastructure Investment and Jobs Act to rebuild our roads, bridges, tunnels, and water infrastructure. Today we are announcing nearly $169 million from our bill to guarantee clean and safe water for New Jersey. This is tremendous news for our state. Clean air, water, and soil are essential to our health. If we fail to preserve our natural resources, our health will suffer as a result. I’m proud that I was able to play a role in securing this environmental funding for our state and I’ll continue bringing home funds that protect our environment and defend against the effects of climate change.”

U.S. Representative Donald M. Payne, Jr. said: “I am proud to help secure this $169 million to improve New Jersey’s water infrastructure. I fought to include that money in the Bipartisan Infrastructure Law to help our state. In addition, I worked to include $55 billion to replace lead-contaminated water pipes in New Jersey and nationwide. Infrastructure is more than simply roads and bridges. I look forward to the clean water projects this funding will support throughout New Jersey.”   

U.S. Representative Donald Norcross said: “It wasn’t long ago I walked through a local high school with water fountains that couldn’t be used because of lead piping. I’m proud to have helped deliver this funding to New Jersey and ensure that every community has access to safe, clean drinking water.”

U.S. Representative Josh Gottheimer said: “For years now, I’ve been fighting to get clean drinking water for our families, to protect our local waters, and to claw more federal tax dollars back to Jersey from Washington. With the Bipartisan Infrastructure Bill that I helped shape and pass, we’re helping get lead and forever chemicals out of our drinking water and making significant investments to address water pollution in communities across the country — all while creating millions of jobs. The more federal tax dollars that we get back to North Jersey, the less our towns have to charge in local taxes — and I’m all about lowering taxes.”

U.S. Representative Andy Kim said: “When I voted for the bipartisan infrastructure bill, I knew that projects like these would change people’s lives and give them faith that the water coming into their house to drink, shower, brush their teeth, and wash their dishes would be clean and safe. This also brings investments in good paying New Jersey jobs, pollution cleanup, more resources for desperately needed flood mitigation in both Burlington and Ocean counties, and ecosystem restoration to help create healthy animal and marine habitats from the Delaware River to the Jersey Shore. I’m glad to see this important work getting underway and look forward to more infrastructure projects coming to New Jersey soon.”

U.S. Representative Tom Malinowski said: “The Bipartisan Infrastructure Law makes the largest investment in clean water infrastructure in American history – and today’s announcement shows, once again, that it’s delivering for New Jersey. This initial award of nearly $169 million will help our small towns fund their long-overdue clean water and wastewater infrastructure projects and finally bring our aging water infrastructure into the 21^st Century.”

U.S. Representative Mikie Sherrill said: “New Jersey built this nation but has the legacy pollution to show for it. Throughout my time in Congress, I have fought on behalf of my constituents to improve water quality and update our aging water infrastructure. This investment from the Bipartisan Infrastructure Law will bring much needed federal support in our efforts to make these changes, better our public health, and move our state forward. I look forward to continuing my work with the EPA to bring federal resources to NJ-11 to solve our communities’ most pressing environmental issues, such as PFAS remediation, flood risk mitigation, and lead pipe replacements.”

Background

President Biden’s Bipartisan Infrastructure Law allocates more than $50 billion to EPA toward repairing the nation’s essential water infrastructure.

EPA’s SRFs are part of President Biden’s Justice40 initiative, which aims to deliver at least 40% of the benefits from certain federal programs to underserved communities. Furthermore, nearly half the funding available through the SRFs thanks to the Bipartisan Infrastructure Law must be grants or principal forgiveness loans that remove barriers to investing in essential water infrastructure in underserved communities across rural America and in urban centers.

The Bipartisan Infrastructure Law presents the largest-ever funding opportunity for investing in water infrastructure. Find out more about Bipartisan Infrastructure Law programs and other programs that help communities manage their water resources on EPA's Bipartisan Infrastructure Law page.

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EPA finds Denver Water’s Lead Reduction Program effective

DENVER  – The U.S. Environmental Protection Agency (EPA) has approved Denver Water’s comprehensive approach for reducing lead in drinking water through the issuance of a final variance under the Safe Drinking Water Act. The variance allows Denver Water to continue to implement a set of actions, called the Lead Reduction Program Plan, which work together to reduce lead in Denver’s drinking water. Denver Water is also receiving $76 million in funding from the Bipartisan Infrastructure Law to accelerate the pace of the lead service line replacement actions specified in the plan.

“Denver Water’s approach to tackling lead in drinking water has been remarkable and an example for other communities across the country,” said EPA Regional Administrator KC Becker. “Thanks to new funding from the Bipartisan Infrastructure Law the utility’s customers can expect an even faster lead service line replacement schedule delivering health protections for children and adults across the Denver area.

As a result of EPA’s first-of-its-kind lead variance approval, Denver Water will continue to:

• Replace all lead service lines at no direct cost to customers
• Control lead corrosion with pH and alkalinity treatment
• Determine the locations of lead service lines that connect homes and buildings to water mains
• Provide a water pitcher filter certified to remove lead to customers with lead service lines
• Conduct extensive community outreach and education

Lead service lines (Photo Credit: Denver Water)

In 2019, EPA issued the first lead variance in the country for Denver Water. EPA approved the initial variance to evaluate if Denver Water’s alternative approach to addressing a lead action level exceedance could be effective. After evaluating data, EPA is approving another variance to allow Denver Water to continue with the current plan which has been shown to be more effective than orthophosphate treatment, the method of water treatment which would have been required under federal and state regulations. 

EPA is committed to incorporating environmental justice into all decisions. Denver Water's variance does not result in disproportionate impacts to areas with health equity and environmental justice concerns, and the utility is placing a priority on underserved communities and homes with large numbers of infants and children. Specifically, Denver Water is ensuring that areas with environmental justice concerns receive the same or better rates of both lead service line replacements and filter outreach and education compared to the overall service area.

Worker holds replacement copper water line. (Photo Credit: Denver Water)

“Denver Water’s first priority is sustaining our communities by protecting the health of our customers,” said Jim Lochhead, Denver Water’s CEO/Manager. “We thank EPA and our community partners for working with us to ensure we successfully implement this program. The water we deliver to our customers is lead-free, but lead from customer-owned service lines can enter the water supply to homes. Removing these lines is the most effective way to eliminate this source of lead exposure, and we are committed to this program until every lead service line has been removed.”

“Water contaminated by lead is a significant health concern, especially for our disproportionately impacted communities that most often are also People of Color,” said Sondra Young, President of NAACP Denver. “Through our partnership with Denver Water, the Denver NAACP seeks to help provide more inclusive outreach and solutions for the communities most impacted by this significant health issue.”

“We are proud to partner with Denver Water through the Ambassador Program to help eliminate barriers and promote its Lead Reduction Program in Latinx and immigrant communities throughout the Denver area,” said Fernando Pineda-Reyes, Chief Executive Officer of CREA Results. “CREA is looking forward to continuing our outreach to ensure Denver area residents are informed and engaged in efforts to ensure access to clean, lead-free drinking water.”

"Local, state and federal partners collaborated to develop and implement this innovative approach, which has proven to be a success for public health, environmental protection and environmental justice over the last three years," said Ron Falco, Safe Drinking Water Program Manager for the Colorado Department of Public Health and Environment. "The Colorado Department of Public Health and Environment is excited to continue overseeing this great work."

Since the 1970s, the United States has made significant progress in lowering children's blood lead levels. No safe level of lead exposure has been identified for children, making them particularly vulnerable. Lead exposure can pose a significant health and safety threat to children and can cause irreversible and life-long health effects.  Denver Water customers enrolled in the filter program should use the provided pitcher filter for all water used for drinking, cooking, and preparing infant formula.

Learn more about EPA’s Variance Approval.

Learn more about Denver Water’s Lead Reduction Program.

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