Monday, March 17, 2014

EPA Stops Illegal Import of Vehicles That Fail to Meet Pollution Standards

CONTACTS:
Julia P. Valentine (News Media Only)
valentine.julia@epa.gov
202-564-0496
202-564-4355

FOR IMMEDIATE RELEASEMarch 4, 2014
EPA Stops Illegal Import of Vehicles That Fail to Meet Pollution Standards 

WASHINGTON 
 A Chinese powersports company and its related U.S. distributor have agreed to recall and replace fuel tanks that will better control gasoline vapors in approximately 1,000 vehicles and take other steps to control pollution stemming from the illegal import of over 12,000 recreational vehicles and highway motorcycles. These motor vehicles were manufactured in China and imported without the required certification indicating that emissions would meet federal standards.

CFMOTO Powersports, Inc., (a successor to CFMOTO America, Inc.) based in Plymouth, Minn., and Zhejiang CFMOTO Power Co., Ltd., and Chunfeng Holding Group Co., Ltd., both based in China, will pay a combined civil penalty of $725,000.

“Enforcing emission standards is a critical way we protect clean air for all Americans,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “The upgrades and changes required by today’s settlement will help reduce harmful air pollution that can cause respiratory illnesses, aggravate asthma and lead to smog.

In the settlement, approved today by the Agency’s Environmental Appeals Board, EPA alleges that over 12,000 highway motorcycles and recreational vehicles imported by the companies between 2007 and 2013 were not certified by EPA, as required by the Clean Air Act (CAA), to meet applicable federal emission standards. Of these, EPA found that 993 vehicles had fuel tanks that did not operate properly to control evaporative emissions, or gasoline vapors, and that approximately 1,400 vehicles were imported without proper emission control information labels.

In addition to the penalty, the companies must institute a Recall and Fuel Tank Replacement Program to replace all uncertified fuel tanks with certified ones to prevent any excess gasoline vapors. The companies must also correct the emission control information labels for those vehicles that are still within the control of the companies.

EPA discovered the alleged violations through joint inspections conducted with the U.S. Department of Homeland Security’s Bureau of Customs and Border Protection and through a review of importation documents and other information provided by the companies.

Federal emissions standards for highway motorcycles and recreational vehicles have been in effect since 1977 and 2006, respectively. The CAA prohibits any vehicle or engine from being imported and sold in the United States unless it is covered by an EPA-issued certificate of conformity indicating that the vehicle or engine meets required emission standards

Recreational vehicle and highway motorcycles emit carbon monoxide, a gas that is poisonous at high levels in the air even to healthy people and is especially dangerous to people with heart disease. These vehicles also emit hydrocarbons and nitrogen oxides, which contribute to the formation of ground-level ozone, or smog. Exposure to even low levels of ozone can cause respiratory problems, and repeated exposure can aggravate pre-existing respiratory diseases.

CFMOTO Powersports, Inc. is a Minnesota corporation that holds certificates of conformity and that imports highway motorcycles and recreational vehicles manufactured by Zhejiang CFMoto Power Co., Ltd. and ChunFeng Holding Group Co. Ltd., both Chinese companies. CFMOTO America, Inc. is a now-dissolved Michigan corporation that was the predecessor to CFMOTO Powersports, Inc.

EPA filed an administrative complaint against CFMOTO Powersports in April 2013 and reached agreement on the settlement through an alternative dispute resolution process.

More information on the settlement: 
http://www2.epa.gov/enforcement/cfmoto-powersports-inc-cfmoto-america-inc-zhejiang-cfmoto-power-co-ltd-and-chunfeng

More information on EPA’s Clean Air Act mobile source enforcement programs: 
http://www2.epa.gov/enforcement/air-enforcement#mobile

Coal Companies and Subsidiaries to Spend Estimated $200 Million on Treatment and System-wide Upgrades to Reduce Water Pollution

$27.5 Million Civil Penalty is Largest in History Under Section 402 of the Clean Water Act 

WASHINGTON – Alpha Natural Resources, Inc. (Alpha), one of the nation’s largest coal companies, Alpha Appalachian Holdings (formerly Massey Energy), and 66 subsidiaries have agreed to spend an estimated $200 million to install and operate wastewater treatment systems and to implement comprehensive, system-wide upgrades to reduce discharges of pollution from coal mines in Kentucky, Pennsylvania, Tennessee, Virginia, and West Virginia, the Department of Justice and the U.S. Environmental Protection Agency (EPA) announced today. Overall, the settlement covers approximately 79 active mines and 25 processing plants in these five states.

EPA estimates that the upgrades and advanced treatment required by the settlement will reduce discharges of total dissolved solids by over 36 million pounds each year, and will cut metals and other pollutants by approximately nine million pounds per year. The companies will also pay a civil penalty of $27.5 million for thousands of permit violations, which is the largest penalty in history under Section 402 of the Clean Water Act (CWA).

“This settlement is the result of state and federal agencies working together to protect local communities from pollution by enforcing the law,” said Cynthia Giles, Assistant Administrator of EPA’s Office of Enforcement and Compliance Assurance. “By requiring reforms and a robust compliance program, we are helping to ensure coal mining in Appalachia follows environmental laws that protect public health.”  

“The unprecedented size of the civil penalty in this settlement sends a strong deterrent message to others in this industry that such egregious violations of the nation's Clean Water Act will not be tolerated,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Today’s agreement is good news for communities across Appalachia, who have too often been vulnerable to polluters who disregard the law. It holds Alpha accountable and will bring increased compliance and transparency among Alpha and its many subsidiaries.”

In addition to paying the penalty, the companies must build and operate treatment systems to eliminate violations of selenium and salinity limits, and also implement comprehensive, system-wide improvements to ensure future compliance with the CWA. These improvements, which apply to all of Alpha’s operations in Appalachia, include developing and implementing an environmental management system and periodic internal and third-party environmental compliance audits.

The companies must also maintain a database to track violations and compliance efforts at each outfall, significantly improve the timeliness of responding to violations, and consult with third party experts to solve problem discharges. In the event of future violations, the companies will be required to pay stipulated penalties, which may be increased and, in some cases, doubled for continuing violations.

The government complaint alleged that, between 2006 and 2013, Alpha and its subsidiaries routinely violated limits in 336 of its state-issued CWA permits, resulting in the discharge of excess amounts of pollutants into hundreds of rivers and streams in Kentucky, Pennsylvania, Tennessee, Virginia, and West Virginia. The violations also included discharge of pollutants without a permit.

In total, EPA documented at least 6,289 violations of permit limits for pollutants that include iron, pH, total suspended solids, aluminum, manganese, selenium, and salinity. These violations occurred at 794 different discharge points, or outfalls. Monitoring records also showed that multiple pollutants were discharged in amounts of more than twice the permitted limit on many occasions. Most violations stemmed from the company’s failure to properly operate existing treatment systems, install adequate treatment systems, and implement appropriate water handling and management plans.

Today’s settlement also resolves violations of a prior 2008 settlement with Massey Energy, and applies to the facilities and sites formerly owned by the company. Under the 2008 settlement, Massey paid a $20 million penalty to the federal government for similar CWA violations, in addition to over a million dollars in stipulated penalties over the course of the next two years. Alpha purchased Massey in June 2011 and, since taking over the company, has been working cooperatively with the government in developing the terms of today’s settlement.

CWA permits allow for the discharge of certain pollutants in limited amounts to rivers, streams, and other water bodies. Permit holders are required to monitor discharges regularly and report results to the respective state agencies.

Alpha, headquartered in Bristol, Va., is one of the largest coal companies in the nation. Alpha operates more than 79 active coal mines and 25 coal preparation plants located throughout Kentucky, Pennsylvania, Tennessee, Virginia, West Virginia, and Wyoming. The Wyoming operations are not included in today’s settlement.

The States of West Virginia, Pennsylvania, and Kentucky are co-plaintiffs in today’s settlement. The U.S. will receive half of the civil penalty and the other half will be divided between the co-plaintiffs based on the number of violations in each state, as follows: West Virginia ($8,937,500), Pennsylvania ($4,125,000), and Kentucky ($687,500).

The consent decree, lodged in the U.S. District Court for the Southern District of West Virginia, is subject to a 30-day public comment period and approval by the federal court.

More information on the settlement: 
http://www2.epa.gov/enforcement/alpha-natural-resources-inc-settlement
More information on Clean Water Act Enforcement: http://www.epa.gov/compliance/civil/cwa/index.html

EPA Awards More than $500,000 to Schools to Help Reduce Children’s Exposure to Pesticides

Integrated pest management practices are shown to reduce pesticide use
WASHINGTON -- Today, the U.S. Environmental Protection Agency (EPA) announced three grants to facilitate integrated pest management practices in schools. This funding will help reduce student’s exposure to pests and pesticides in the nation’s schools, while saving money, energy and pesticide treatment costs.

“Children are among the most vulnerable members of our society, and it’s EPA’s job to protect them from harmful chemicals,” said James Jones, Assistant Administrator for the Office of Chemical Safety and Pollution Prevention. “We aim to help schools implement sustainable pest management practices to create a healthier environment for our children and teachers.”

Integrated Pest Management (IPM) reduces pesticide use, helps to eliminate pests and saves schools money. For example, 18 schools in Monroe County, Indiana have reduced both pesticide use and pest control costs by 90 percent using IPM practices. This approach has the potential to reach all 15,000 school districts and improve the health and well-being of the 49 million children attending public and tribal schools in the United States. 
IPM measures help prevent pests from becoming a threat by taking action to address the underlying causes that enable pests to thrive in schools. These actions, such as repairing water leaks, adding weather stripping to windows, and installing door sweeps, reduce pesticide use and treatment costs while reducing water and energy costs. The IPM common-sense approach is a stark contrast to conventional pest management in which an exterminator uses pesticides school-wide on a regular schedule, potentially exposing school children, teachers and staff to pesticides, with little emphasis on removing the underlying conditions that make it inviting to pests.
The three grants will be awarded to:
TheTexas A&M Agrilife Extension to develop a central, internet-based hub for materials and phone apps that will give school districts the information and tools they need to adopt an IPM program. While the project aims to reach 1 percent of schools (552,350 students) within three years, it has the potential to reach all of the 15,000 school districts nation-wide and the 49 million children attending US public schools.
The University of Arizona to develop and carry out a pilot training and certification program for school staff (custodians, kitchen staff, and school administrators) in eight states and four tribes, working with five other universities and stakeholders. Once finalized, the materials will be made available to schools nation-wide through partners.
The Michigan State University to help 5 percent of Michigan and Indiana schools adopt IPM through hands-on education, training and coalition-building, including web-based trainings and a website. About 135,000 children may be protected.
For additional information on the three funded grants and IPM in schools, visit: www.epa.gov/pestwise/ipminschools/grants
More information on IPM in schools can be found at www.epa.gov/pesticides/ipm.
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EPA, Sergeant’s Pet Care and Wellmark International Reach Agreement to Cancel Potentially Harmful Insecticide Products

WASHINGTON - The U.S. Environmental Protection Agency has reached agreement with Sergeant's Pet Care Products, Inc. and Wellmark International to cancel flea and tick pet collars containing propoxur marketed under the trade names including Bansect, Sentry, Zodiac and Biospot.

“This action is another example of EPA’s efforts to protect children from pesticide risks,” said Jim Jones, assistant administrator of the EPA’s Office of Chemical Safety and Pollution Prevention. This voluntary move will get to an expedient result that protects people’s health.”

This decision was reached between EPA and Sergeant's and Wellmark as a result of EPA’s risk assessment showing risks to children from exposure to pet collars containing propoxur. Propoxur is an insecticide registered for use to control ticks, fleas and a variety of insects and is used in industrial, commercial and residential facilities. The agreement represents the solution to most quickly remove the pet collars from the market.

EPA completed the propoxur pet collar risk assessment in fall 2013 in response to a Natural Resources Defense Council petition to cancel the uses. EPA’s risk assessment found, in some but not all use scenarios, unacceptable risks to children from exposure to propoxur pet collars on the first day following application. Because the manufacturers could not find a way to eliminate unacceptable risk under all scenarios, EPA encouraged them to cancel these products and they subsequently agreed.

EPA announced the voluntary cancellation on January 22, 2014. Under the cancellation agreement, manufacturers are allowed to produce the pet collars until April 1, 2015, and will not be allowed to distribute the products after April 1, 2016.EPA will continue to watch for incidents from the use of these collars and is prepared to take further action if necessary.


Flea and tick collars work by leaving a pesticide residue on dogs' and cats' fur, which can be transferred to people by hugging, petting or coming into contact with the pets. The major source of exposure to these chemicals is from absorption through the skin after directly touching the treated pet. Small children may ingest pesticide residues when they touch a treated cat or dog and subsequently put their hands in their mouth.

If you purchase a propoxur pet collar, read the label carefully and follow all directions on the label to protect your family from exposure. Do not allow children to play with the collar, and wash your hands thoroughly with soap and water after handling.