Saturday, September 30, 2023
Friday, September 29, 2023
KC Street Gang Members Sentenced for Drug-Trafficking, Drive-By Shooting, Illegal Firearms
PRESS RELEASE
KC Street Gang Members Sentenced for Drug-Trafficking, Drive-By Shooting, Illegal Firearms
Wednesday, September 27, 2023
KANSAS CITY, Mo. – Two Kansas City, Mo., men who were part of a violent street gang have been sentenced in federal court for their roles in a drug-trafficking conspiracy and other violent criminal behavior that included illegal firearms and a drive-by shooting outside a daycare center where children were present.
David J. Duncan, IV, also known as “Deej” or “DJ,” 34, and Gary O. Toombs, 43, were sentenced in separate appearances before U.S. District Judge Greg Kays on Tuesday, Sept. 26. Duncan was sentenced to 30 years in federal prison without parole. Toombs was sentenced to 12 years and seven months in federal prison without parole.
On Sept. 15, 2022, Duncan and Toombs were found guilty at trial of participating in a conspiracy to distribute heroin, cocaine, oxycodone, and marijuana from Jan. 1, 2011, to Oct. 1, 2019.
Co-defendants Ladele D. Smith, also known as “Dellio” and “Dog,” 36, and Roy Franklin, Jr., 34, both of Kansas City, Mo., also were convicted during the same trial and were sentenced on Sept. 18, 2023. Smith was sentenced to 35 years in federal prison without parole. Franklin was sentenced to 30 years in federal prison without parole.
The investigation into the 246 street gang, operating in the Kansas City metropolitan area, began in June 2017. The gang is an alliance of gang members from the 24th, 43rd, and 68th streets of Kansas City, Mo. Smith was identified as a leader of the gang, and Franklin, Duncan and Toombs as members of the gang.
Duncan and Smith are local rap artists who often posted to social media platforms, such as YouTube, with references to the 246 gang. In some of the videos, they display firearms and large amounts of cash. The social media posts also portrayed Smith and others wearing expensive jewelry, watches, hats, clothing and tactical vests that depicted 246 gang affiliation.
Members of the 246 gang used a residence in the 4400 block of Kensington, which is within 1,000 feet of George Washington Carver Dual Language School, a public elementary school, for gang and drug-trafficking business. No one utilized the house as a primary or permanent residence. On Oct. 2, 2019, law enforcement officers executed a search warrant at the house and seized 295 grams of heroin as well as two assault rifles and a stolen vehicle that had been used in a drive-by shooting the previous month. According to court documents, the drive-by shooting was done at Duncan’s direction. Officers also found a Glock 9mm semi-automatic pistol and a Century Arms International 7.62x39mm pistol under the couch in the living room and a Glock .40-caliber semi-automatic pistol on the kitchen cabinet.
Duncan was arrested at his apartment on Oct. 2, 2019. Officers searched his residence and found a Zastava 7.62 x 39mm rifle, a Norinco 7.62 x 39mm rifle, a Glock 9mm semi-automatic pistol, two loaded rifle magazines, and a loaded handgun magazine under the bed in a bedroom. Officers found $7,100 in cash and four bags that contained a total of 179 pills, a total of more than two kilograms of oxycodone, in the living room.
Duncan also was found guilty of one count of drive-by shooting, one count of discharging a firearm in furtherance of a violent crime, one count of possessing oxycodone the intent to distribute, one count of possessing a firearm in furtherance of a drug-trafficking crime, and five counts of money laundering related to the purchases of money orders with drug-trafficking proceeds. Those money orders, according to court documents, were used to pay rent for his apartment and a payment on his Dodge Charger. Duncan laundered at least $272,231 in cash deposits, purchases, and money orders, according to court documents.
Toombs Smith and Franklin also were found guilty at trial of participating in a conspiracy to possess firearms in furtherance of a drug-trafficking crime. In addition to the two conspiracies, Toombs was found guilty of maintaining a residence for the purpose of manufacturing, distributing, and using controlled substances.
Smith and Franklin also were convicted of multiple counts that charged them with various drug-trafficking and firearms crimes.
Duncan and Toombs are the final defendants to be sentenced in this case. In addition to the four defendants who were convicted at trial, 14 defendants in this case pleaded guilty and have been sentenced.
This case is being prosecuted by Assistant U.S. Attorneys Ashleigh Ragner, Mary Kate Butterfield and Ben Hurst. It was investigated by the FBI, the Kansas City, Mo., Police Department, IRS-Criminal Investigation, and the Missouri State Highway Patrol.
KC Metro Strike Force
This prosecution was brought as a part of the Department of Justice’s Organized Crime Drug Enforcement Task Forces (OCDETF) Co-located Strike Forces Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations against a continuum of priority targets and their affiliate illicit financial networks. These prosecutor-led co-located Strike Forces capitalize on the synergy created through the long-term relationships that can be forged by agents, analysts, and prosecutors who remain together over time, and they epitomize the model that has proven most effective in combating organized crime. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
Thursday, September 28, 2023
EPA Announces Approval of Arkansas State Certification of Pesticide Applicator Plan
USEPA News Release:
EPA Announces Approval of Arkansas State Certification of Pesticide Applicator Plan
DALLAS, TEXAS (September 28, 2023) – The U.S. Environmental Protection Agency is finalizing stronger standards for individuals who use Restricted Use Pesticides (RUPs) in the state of Arkansas. The current state plan has been revised to meet or exceed the improved safety requirements in the 2017 Certification of Pesticide Applicators Final Rule (CPA).
“Misuse or disregard of pesticide safety standards can impact vulnerable populations; therefore, it is imperative that we keep improving and maintaining pesticide safety requirements,” said Regional Administrator Dr. Earthea Nance. “With this approval, EPA is taking critical steps to reduce exposure to the environment and to safeguard human health.”
There are over 20,000 pesticide applicators in Arkansas certified to use RUPs and over 30,000 farm workers who may work around RUPs. Applicators, the public, and the environment are at risk from exposure to mishandled or misapplied RUPs. The revised State Certification Plans are intended to enhance and improve the competency of certified RUP applicators and persons working under their direct supervision (noncertified applicators). EPA expects that improving the competency of certified and noncertified applicators will help ensure that RUPs are used according to their labeling and will reduce pesticide exposure and illness among applicators, farm workers, the public, rural communities, and children, as well as preventing unreasonable adverse effects to the environment.
EPA understands the importance and dangers of RUPs; therefore, it has verified that this State Plan meets or exceeds the updated and more stringent federal regulations. The revisions of this plan incorporate long-standing requests and environmental justice concerns from communities, including improved training for people applying RUPs under direct supervision, protection of minors, and additional training for certain high-risk classes of pesticides. Major areas of improvement under the CPA:
- New categories: A certificate is now required for aerial, fumigation, and predator control RUPs. These high-risk pesticides now require specific training due to the difficulty of application without causing severe harm by off-target exposure.
- Minimum age: Applicators must be 18 to apply RUPs (with limited age exemption (16) for some uses on family farms by noncertified applicators under the direct supervision of a certified applicator).
- Noncertified applicator qualifications: Those applying RUPs under direct supervision of a certified applicator must receive training in a manner they can understand. Applicators must verify training records for those working under their supervision prior to applying RUPs.
- Recertification: Certifications are valid for a maximum of five years. Previously, no federal limit.
Of the 56 proposed plan revisions submitted by state and territory certifying authorities, 51 have been approved. The regulatory deadline for approving revised certification plans is November 4, 2023. EPA continues to collaborate with certifying authorities to resolve the Agency's comments on the remaining plans. For more information on pesticide and EPA’s certification process, please view our dedicated webpage.
Connect with the Environmental Protection Agency Region 6 on Facebook, Twitter, or visit our homepage.
Biden-Harris Administration Makes $500 Million Available to Fund School Buses that Reduce Pollution, Save Money, and Protect Health
EPA Press Office:
Biden-Harris Administration Makes $500 Million Available to Fund School Buses that Reduce Pollution, Save Money, and Protect Health
Second rebate competition from President’s Investing in America Agenda builds on nearly $1 billion investment that will put thousands of clean school buses on the road
Contact: EPA Press Office (press@epa.gov)
WASHINGTON (Sept. 28, 2023) — Today, the U.S. Environmental Protection Agency (EPA) announced the availability of at least $500 million in funding from the Clean School Bus rebate competition that is transforming school bus fleets across America and protecting children from air pollution. This second round of funding will build on the previous nearly $1 billion investment to further improve air quality in and around schools, reduce greenhouse gas pollution fueling the climate crisis, and help accelerate America’s leadership in developing the clean vehicles of the future.
“Thanks to President Biden’s Investing in America agenda, more students, teachers, and staff are breathing easier this school year as brand-new clean school buses are hitting the road in communities across America,” said EPA Administrator Michael S. Regan. “We’ve seen incredible demand for this program from school districts that want to benefit from the transition to cleaner school buses, leading to cost savings for districts, better air quality, and less pollution. We’re committed to building on this work and continuing to accelerate the transition of America’s school bus fleet.”
“Clean school buses mean clean air and a brighter future for our students,” said U.S. Senate Majority Leader Chuck Schumer. “I fought to deliver robust funding that deploys clean school buses across the country and across New York, and I am proud to see EPA and the Biden-Harris Administration getting that funding out to our school districts as the school year begins. Clean air, tackling climate change, and cost savings is a win-win-win.”
“It’s no surprise that we are seeing such a strong demand for clean school buses across our country,” said U.S. Senator Tom Carper (DE), Chairman of the Senate Environment and Public Works Committee. “By replacing older school buses with cleaner buses, we improve air quality for students, teachers, and other school officials, while reducing planet-warming pollution and supporting American manufacturing jobs. I applaud the Biden administration for using the unprecedented investments we made in the Bipartisan Infrastructure Law to deliver clean school buses to more and more of our nation’s school districts.”
EPA’s Clean School Bus Program was created by President Biden’s Bipartisan Infrastructure Law, which provides an unprecedented $5 billion of funding to transform the nation’s fleet of school buses. The Clean School Bus Program funds electric buses, which produce zero tailpipe emissions, as well as propane and compressed natural gas (CNG) buses that produce lower tailpipe emissions compared to their older diesel predecessors.
Diesel air pollution is linked to asthma and other public health problems that cause serious health concerns and missed days of school, with outsized impacts in overburdened communities. New zero- and low-emission buses will not only reduce air pollution and help address the outsized role of the transportation sector on climate change, but will also produce cleaner air for students, bus drivers, school staff working near bus loading areas, and people living in communities that buses drive through each day. And over the lifespan of the vehicles, clean school buses can also cost less to maintain and fuel than the older buses they are replacing – freeing up needed resources for schools.
EPA’s 2022 Clean School Bus Rebate Program received enthusiastic interest and has awarded approximately $965 million to support the purchase of about 2,600 buses, 95% of which are electric. These rebates were awarded to approximately 400 school districts in nearly all 50 states and Washington D.C., along with several federally recognized Tribes and U.S. Territories. School districts identified as priority areas serving low-income, rural, and, or Tribal students make up 99% of the projects that were selected.
In April 2023, EPA announced the availability of at least $400 million in grants that will fund electric, propane, and compressed natural gas (CNG) buses that produce either zero or low tailpipe emissions compared to their older diesel counterparts. This application period is now closed and EPA anticipates announcing selections for the grant program this winter.
“The word is out - school districts across the country have jumped at the opportunity to replace dirty diesel buses with cleaner school buses through the Clean School Bus program,” said Congressman Tony Cárdenas (CA-29). “President Biden’s investment in electrifying America’s massive school bus fleet has been met with an unprecedented demand. I commend the Environmental Protection Agency for making more funds available to our school districts to improve the air-quality to protect the health of our communities and achieve a clean commute for America’s students.”
“The electrification of our fleet – and especially school buses – is vital to our region. It will improve the air quality for young students across Houston and reduce asthma and other public health problems associated with increased particulate matter produced by diesel engines. As the former Chair of Climate Mayors, these are exactly the type of investments that communities need,” said Houston Mayor Sylvester Turner. “I applaud the Biden-Harris Administration for making these needed investments.”
The 2023 Clean School Bus Rebate Competition
This year’s $500 million Clean School Bus Rebate Program will provide a combined funding amount to cover bus, workforce development costs, and infrastructure costs for awardees requesting electric school buses. Applicants can request up to $345,000 per bus. Selectees may be eligible for Inflation Reduction Act tax credits applicable to their bus and infrastructure purchases. For example, the clean vehicle tax credits for qualifying school buses are worth up to $40,000. Narrowing the cost difference between clean school buses and diesel school buses remains an integral goal of EPA’s CSB Program and the agency adjusted electric school bus funding levels in this rebate program to help stretch funding further and drive down long-term electric school bus market costs.
The amount of funding per bus will depend on the applicant’s prioritization status, as well as the type and size of bus replacement(s) requested. EPA will prioritize applications that will replace buses serving low-income, rural, and Tribal communities. Large school districts with communities of concentrated poverty also will be prioritized if their application focuses on clean school buses serving those communities.
EPA is committed to ensuring the Clean School Bus Program advances environmental justice and delivers on the President’s Justice40 Initiative to ensure that at least 40% of the benefits of certain federal investments flow to disadvantaged communities. In addition, EPA will conduct outreach to underserved communities, including partnering with stakeholders to reach communities that may have never applied for a Federal rebate.
The Biden-Harris Administration is similarly committed to investing federal dollars in a responsible way that drives high-quality job creation and inclusive economic growth in the clean energy economy. It’s a priority for EPA that school districts prepare for how to support their workers, including bus drivers, mechanics, and other essential personnel, to safely operate and maintain the new buses and maintain high labor standards. As a result, workforce training is an eligible use of program funds, and EPA strongly encourages school districts to develop comprehensive workforce plans in partnership with their employees to help them prepare for the transition to clean school buses. EPA also requires all electricians installing and maintaining electric infrastructure with this funding to be certified in the Electric Vehicle Infrastructure Training Program (EVTIP) to guarantee the equipment is safely installed by properly trained workers.
Additionally, EPA wants to see high-quality jobs with the free and fair choice to join a union for the workers across the country manufacturing clean school buses. EPA has collaborated with clean school bus manufacturers to publish information about their workforce development and job quality practices on the Clean School Bus website that funding recipients are encouraged to review. EPA has also published workforce development resources for school districts and will continue to provide additional materials to assist districts with successful bus deployment.
EPA is also working closely with the Joint Office of Energy and Transportation (JOET) to provide school districts with support as they plan for and implement adding electric school buses to their fleet. Clean School Bus Program applicants and participants can receive technical assistance from JOET through one-on-one meetings, public webinars, and coordination on resource materials.
Finally, EPA has learned from previous funding opportunities and stakeholder feedback that proactive and ongoing communication with key stakeholders like school boards and local utilities is critical to successful bus and infrastructure deployment. As such, all applicants must submit certification that the school board was made aware of the application, applicants requesting rebates for electric buses must submit documentation confirming they initiated the infrastructure planning process with their local utility, and third-party applicants must submit documentation confirming the school district is aware and supportive of the Clean School Bus deployment project. Additional details on all required application materials are available in the Program Guide on the Clean School Bus Program webpage.
EPA is accepting rebate applications from September 28, 2023 until January 31, 2024.
To learn more about the rebate program, applicant eligibility, selection process, and informational webinar dates, visit the Clean School Bus Program webpage. Questions about applying may be directed to CleanSchoolBus@epa.gov
Biden-Harris Administration Announces $100 Million in Grants to Support Manufacturers of Cleaner Construction Materials as Part of Investing in America Agenda
EPA Press Office:
Biden-Harris Administration Announces $100 Million in Grants to Support Manufacturers of Cleaner Construction Materials as Part of Investing in America Agenda
EPA seeking grant applications to support the development, standardization, transparency, and reporting criteria for Environmental Product Declarations that will expand market access to lower carbon construction materials
WASHINGTON – Today, the U.S. Environmental Protection Agency (EPA) announced the availability of $100 million in grants to support efforts to report and reduce climate pollution linked to the manufacturing of construction materials and products, which account for 11% of annual global greenhouse gas emissions. The funding through EPA’s new Reducing Embodied Greenhouse Gas Emissions for Construction Materials program will help manufacturers disclose environmental impacts across the life of a product and inform institutional purchasers who are prioritizing lower embodied carbon construction materials. Thanks to President Biden's Investing in America agenda, a key pillar of Bidenomics, the new program—created by the Inflation Reduction Act—supports the resurgence of sustainable American manufacturing.
“In order to reduce greenhouse gas emissions in construction materials and products, we must be able track and understand where they are,” said Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Michal Freedhoff. “These new grants through President Biden’s Investing in America agenda will help ensure manufacturers have access to the assistance they need to disclose and reduce emissions, thereby supporting thriving and healthy communities across America.”
“Today’s funding announcement from EPA is like the falling of small stones that starts an avalanche of industrial sector emissions reductions in the US,” said U.S. Senate Majority Leader Chuck Schumer (NY). “By shining a light on leading low and no carbon products, providing direct incentives to deeply decarbonize industrial facilities, and creating a market for these products, the IRA is driving down emissions in one of the hardest to abate sectors while supporting US jobs and industry. It’s just the latest example of how the Inflation Reduction Act is reducing carbon emissions and helping us meet our climate goals while creating good paying jobs here in America.”
“As we work to rebuild our nation’s infrastructure, we should be using materials and products produced in the most sustainable way possible, which more often than not are American-made,” said U.S. Senator Tom Carper (DE), Chairman of the Senate Environment and Public Works Committee. “Thanks to our investments in the Inflation Reduction Act, EPA is helping our nation’s companies to better understand and communicate the environmental impacts of their products. This will create new markets for American manufacturers making cleaner products and help reduce greenhouse gas emissions across our economy.”
This new grant program—Reducing Embodied Greenhouse Gas Emissions for Construction Materials and Products—will help businesses develop robust Environmental Product Declarations (EPDs) which disclose environmental impacts across the life of a product. Embodied greenhouse gas (GHG) emissions—also called embodied carbon—refers to the amount of GHG emissions associated with the extraction, production, transport, and manufacturing stages of a product's life. EPDs facilitate the reliable tracking of emissions associated with construction materials and products to inform procurement decisions.
EPA will provide grants to businesses that manufacture, remanufacture, and refurbish construction materials and products for developing and verifying EPDs, and to states, Tribes, and nonprofit organizations that will support such businesses. The EPDs generated through this grant program will make it easier for state and local governments—and other institutional buyers—to ensure the construction projects they fund are using low carbon construction materials.
EPA is working with other federal agencies as part of a broader initiative funded by the Inflation Reduction Act to address the embodied carbon of construction materials with the goal of substantially lowering the levels of embodied carbon and other greenhouse gas emissions. The Inflation Reduction Act also appropriated more than $2 billion to the General Services Administration to use low embodied carbon materials in the construction and renovation of federal buildings and $2 billion to the Federal Highway Administration to incentivize or reimburse the use of low embodied carbon construction materials in certain transportation projects.
Billions of tons of concrete, asphalt, steel, glass, and other construction materials and products are required to build, maintain, and operate our country’s buildings and infrastructure. These new grants will support the historic investments made through the Bipartisan Infrastructure Law and Inflation Reduction Act to strengthen America’s infrastructure while advancing America's industrial capacity to supply the goods and materials of the future and growing good jobs for American workers.
Eligibility and Application Information
The deadline to apply to this grant competition is January 8, 2024. EPA requests the submittal of an optional Notice of Intent to apply by October 27, 2023, by sending an email to embodiedcarbon@epa.gov.
Eligible entities include:
- Businesses that manufacture, remanufacture, and refurbish construction materials and products, and
- States, Tribes, and nonprofit organizations that will support such businesses.
Under this program, EPA plans to award in Fiscal Year 2024 up to 40 grants and/or cooperative agreements, some which would enable funding and technical assistance to flow to hundreds of small businesses via subaward programs established by selected eligible applicants.
Funding amounts for individual grant and cooperative agreements are anticipated to be in the range of $250,000 to $10 million. In addition, EPA will consider subranges of grants in the amounts of $250,000 to $749,999; $750,000 to $4.99 million dollars; and $5 million to $10 million dollars.
EPA has published the Notice of Funding Opportunity for this grant competition on grants.gov. Earlier this month, EPA published an assistance listing detailing key parameter of the program, which can be viewed at Sam.gov.
Informational Webinar
The grant program will host two webinars to provide information on this grant competition and the application process on November 2, 2023, from 2 – 3 pm ET and November 14, 2023, from 2 – 3 pm ET. Link to register for webinars.
Tools and resources for prospective grantees, including webinar recordings, links and helpful templates, can be found on EPA’s webpage.
EPA Reaches Agreement with Navajo Tribal Utility Authority to Improve Wastewater Treatment
USEPA News Release:
September 28, 2023
FLAGSTAFF – Today, the U.S. Environmental Protection Agency (EPA) announced two settlements with the Navajo Tribal Utility Authority (NTUA) to address non-compliance with its Clean Water Act wastewater programs. NTUA operates the Shiprock and Window Rock wastewater treatment plants, which discharge treated wastewater within the boundaries of the Navajo Nation.
The two treatment plants collect and treat sewage from five communities in the Navajo Nation, serving over 13,000 people. The Shiprock plant serves the community of Shiprock, and discharges treated water into the San Juan River, while the Window Rock plant serves the communities of Fort Defiance, St. Michaels, Tse Bonito, and Window Rock and discharges treated wastewater into Black Creek.
“Through these compliance orders, the Navajo Tribal Utility Authority will work to improve the operation and maintenance of its UV disinfection systems at the Shiprock and Window Rock treatment plants,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “EPA is working with the Authority to ensure wastewater discharges meet the highest standards, protecting the San Juan River and Black Creek and safeguarding the health of Navajo Nation communities.”
Following an August 2021 inspection of the Shiprock plant, EPA determined that NTUA’s wastewater treatment did not comply with federal Clean Water Act regulations. The plant discharged wastewater that exceeded the permitted limit for E. coli concentrations. These exceedances were caused by inadequate operation and maintenance of the ultraviolet disinfection system.
After completing a November 2021 inspection, EPA similarly determined inadequate operation and maintenance of the ultraviolet disinfection system at the Window Rock plant caused multiple exceedances of the limit for E. coli concentrations between April 30, 2020, and June 30, 2022.
Wastewater with high concentrations of E. coli discharged into waters such as the San Juan River and Black Creek poses risks to public health. Coming into contact with water containing elevated levels of E. Coli can cause illnesses that induce vomiting and diarrhea and may indicate the presence of other disease-causing viruses and bacteria.
Learn more about EPA enforcement requirements and wastewater management under the Clean Water Act on EPA’s Water Enforcement webpage.
For more information on reporting possible violations of environmental laws and regulations, visit EPA’s enforcement reporting website.
Learn more about EPA’s Pacific Southwest Region. Connect with us on Facebook and on X.
Judicial Settlement with Transocean Offshore Deepwater Drilling, Inc. Resolves Clean Water Act Violations
USEPA News Release:
Judicial Settlement with Transocean Offshore Deepwater Drilling, Inc. Resolves Clean Water Act Violations
DALLAS, TEXAS (September 28, 2023) – The U.S. Department of Justice, on behalf of the U.S. Environmental Protection Agency (EPA) finalized a consent decree with Transocean Offshore Deepwater Drilling, Inc (Transocean) for alleged violations of the National Pollutant Discharge Elimination System (NPDES) Gulf of Mexico - Outer Continental Shelf General Permit (general permit) and Sections 301 and 309 of the federal Clean Water Act (CWA). The complaint alleges that Transocean did not obtain coverage under the relevant general permit before discharging, discharged pollutants in excess of effluent limits, and submitted inaccurate discharge monitoring reports, among other violations. Transocean will pay a civil penalty of $507,000.
“The Gulf of Mexico remains a critical natural resource for coastline communities and for marine life, safeguarding this resource has been one of the Biden Administration’s top priorities,” said Regional Administrator Dr. Earthea Nance. In 2022, EPA invested $53 million towards the Gulf of Mexico to improve water quality, restore habitats, enhance community resilience, and increase environmental education in communities. By enforcing Clean Water Act standards and by funding restoration projects, we continue to protect one of our nation’s oldest resources and hold companies accountable for failing to compile with environmental laws.”
As part of the settlement, Transocean must comply with the CWA and its implementing regulations, as well as the general permit. To achieve compliance, Transocean must continue development and implementation procedures to track its vessels and mobile facilities engaged in oil and gas exploration and production activities in the Gulf, submit timely and accurate reports, and perform all required inspections and monitoring. In addition, Transocean is required to establish procedures for cooling water intakes that ensure fish and other aquatic species do not become trapped in filter screens.
Pursuant to the settlement, Transocean must hire a third-party auditor to review compliance plans and must demonstrate to EPA that it has completed all Third-Party Audit Corrective Actions. Transocean also must submit annual reports to EPA to demonstrate compliance with requirements set forth in the consent decree. The settlement was filed in the U.S. District Court for the Southern District of Texas on September 6, 2023 and is subject to a 30 day public comment period before final court approval of the consent decree. The proposed consent decree and the public notice may be viewed online. The public comment period ends on October 12, 2023.
Once the consent decree has been approved and entered, Transocean will have 30 days to pay the civil penalty to the United States. For more information about EPA’s central and western Gulf of Mexico offshore program, visit EPA’s public website.
Connect with the Environmental Protection Agency Region 6 on Facebook, Twitter, or visit our homepage.
Wednesday, September 27, 2023
Tuesday, September 26, 2023
Monday, September 25, 2023
EPA Settles with Two Watsonville, Calif., Companies for Claims of Chemical Safety Violations
USEPA News Release:
Mon, Sep 25, 2023
EPA Settles with Two Watsonville, Calif., Companies for Claims of Chemical Safety Violations
SAN FRANCISCO – The U.S. Environmental Protection Agency (EPA) today announced settlements with two companies—Del Mar Food Products Corp. and S. Martinelli & Co.—to resolve claims of Clean Air Act and Emergency Planning and Community Right-to-Know Act violations at their Watsonville, Calif., facilities. These federal laws are designed to ensure the safe manufacture, use, storage, and handling of anhydrous ammonia, a toxic substance used as a refrigerant at food and beverage production facilities.
“Anhydrous ammonia is toxic and can threaten workers, first responders and the public, so it’s imperative that facilities using this chemical follow federal requirements to prevent accidents,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “EPA will hold to account companies that don’t comply with environmental laws.”
Del Mar Food Products Corp. utilizes anhydrous ammonia refrigeration systems at its frozen fruit and vegetable production facility in Watsonville. Following a September 2021 inspection and subsequent investigation, EPA identified that the company failed to provide appropriate measures to mitigate risks in the operation of these refrigeration systems, such as ventilation design and calibration of release sensors. As part of the settlement, the company will pay a $131,420 penalty.
S. Martinelli & Co. produces primarily apple juice, and its two facilities in Watsonville utilize anhydrous ammonia refrigeration systems to refrigerate the company’s juice products. Following a September 2021 inspection and subsequent investigation, EPA identified that the company failed to design and maintain a safe facility and failed to minimize the consequences of an accidental release, including not constructing its ammonia machinery rooms and related equipment to meet safety standards. Although the company has made significant changes, the settlement with EPA includes tasks that the company must complete to come back into compliance with federal regulations, including demonstrating to EPA that fire resistance modifications have been installed and are functioning at one of its facilities. As part of the settlement, the company will also pay a $127,828 penalty. In addition, the company agreed to complete a supplemental environmental project valued at $67,000 to purchase emergency response equipment for the Watsonville Fire Department.
A supplemental environmental project is an environmentally beneficial project or activity that is not required by law, but that a party agrees to undertake as part of the settlement of an enforcement action. Such projects or activities go beyond what could legally be required of the defendant, and secure environmental and/or public health benefits in addition to those achieved by compliance with the law.
EPA’s Clean Air Act Risk Management Program (RMP) regulations work to prevent accidental chemical releases in our communities and the environment. Facilities holding more than a threshold quantity of a regulated substance are required to comply with EPA’s RMP regulations. The regulations require owners or operators of covered facilities to implement a risk management program and to submit a risk management plan to EPA.
Learn more about the Risk Management Program rule.
Learn about the National Enforcement and Compliance Initiative on reducing risks of accidental releases at industrial and chemical facilities.
For more information on reporting possible violations of environmental laws and regulations visit EPA’s enforcement reporting website.
Learn more about EPA’s Pacific Southwest Region. Connect with us on Facebook and on X.
Sunday, September 24, 2023
Saturday, September 23, 2023
Friday, September 22, 2023
Independence Man Sentenced to 12 Years in Prison for Child Pornography
PRESS RELEASE
Independence Man Sentenced to 12 Years in Prison for Child Pornography
Wednesday, September 20, 2023
KANSAS CITY, Mo. – An Independence, Mo., man was sentenced in federal court today for possessing and distributing child pornography following two unrelated investigations by separate law enforcement agencies.
Nicholas P. Johnson, 29, was sentenced by U.S. District Judge Greg Kays to 12 years and six months in federal prison without parole. The court also ordered Johnson to pay $19,000 in restitution to his victims and sentenced him to spend the rest of his life on supervised release following incarceration. Johnson will be required to register as a sex offender upon his release from prison and will be subject to federal and state sex offender registration requirements, which may apply throughout his life.
On March 17, 2023, Johnson pleaded guilty to one count of distributing child pornography and one count of possessing child pornography that involves a prepubescent minor.
Johnson admitted that he shared images of child pornography on multiple occasions on Discord, a social media platform. When task force officers with the Western Missouri Cyber Crimes Task Force received reports of two separate Cybertipline reports from Discord, they contacted Johnson on June 17, 2020, and seized his cell phone. A forensic analysis of Johnson’s cell phone found 292 videos and 888 photos of child pornography.
Investigators also found Kik Messenger chats between Johnson and another individual in which Johnson made claims that he had sexually abused children. Johnson was actually communicating with an undercover FBI task force officer, who was conducting a separate and unrelated investigation.
In May 2020, an FBI Child Exploitation Task Force officer was working online in an undercover capacity, monitoring internet forums known to be used for sharing child pornography. During that online investigation, the undercover officer communicated with Johnson via the Kik Messenger application and, later, the Wickr instant messaging application. Johnson shared advice with the undercover officer on the grooming and sexual exploitation of children, made claims that he had sexually abused children, and shared child pornography with the undercover officer.
Federal agents executed a search warrant at Johnson’s residence on July 14, 2020. Johnson told agents that he shared child pornography with about 25 other users. Some the files, Johnson told investigators, included depictions of bondage and of prepubescent girls being raped. Investigators seized two laptop computers, which contained at least 164 files that contained child pornography.
This case was prosecuted by Assistant U.S. Attorney David Luna. It was investigated by the FBI, the Independence, Mo., Police Department, and the Western Missouri Cyber Crimes Task Force.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Thursday, September 21, 2023
Wednesday, September 20, 2023
Biden-Harris Administration announces availability of $4.6 Billion in competitive grants to cut climate pollution as part of Investing in America Agenda
EPA Press Office:
Biden-Harris Administration announces availability of $4.6 Billion in competitive grants to cut climate pollution as part of Investing in America Agenda
Announcement comes during Climate Week 2023
Contact: EPA Press Office (press@epa.gov)
DENVER (Sept. 20, 2023) – Today, the U.S. Environmental Protection Agency (EPA) launched $4.6 billion in competitive grants to fund state, local, and Tribal programs and policies that cut climate pollution, advance environmental justice, and deploy clean energy solutions across the country. As part of President Biden’s Investing in America agenda, a key pillar of Bidenomics, EPA’s Climate Pollution Reduction Grants (CPRG) competitions will enable community-driven solutions to the climate crisis, helping to accelerate America’s clean energy transition. The announcement comes during Climate Week 2023 in New York City – an annual gathering of civil society leaders, business leaders, students, and advocates who are committed to taking bold climate action.
The two new competitions are part of the second tranche of funding from EPA’s $5 billion Climate Pollution Reduction Grants program, which was created by President Biden’s Inflation Reduction Act – the largest climate investment in history. EPA has already made $250 million available to fund the development of climate action plans, and nearly all states, plus major cities opted in to receive these flexible planning resources. The $4.6 billion implementation grant competitions launched today will fund initiatives developed under the first phase of the program.
“Communities across the Rocky Mountains and Great Plains region continue to experience the devastating and costly impacts of extreme flooding, drought, wildfire and heat events associated with climate change,” said EPA Regional Administrator KC Becker. “These Climate Pollution Reduction Grants will focus on addressing the climate crisis from the ground up. They will help our state, tribal and local partners find practical ways to reduce greenhouse gas pollution, develop clean energy and create economic opportunities and jobs.”
“EPA’s Climate Pollution Reduction Grants program recognizes that to tackle the climate crisis and advance environmental justice, communities need to be in the driver’s seat steering toward their own clean energy future,” said John Podesta, Senior Advisor to the President for Clean Energy Innovation and Implementation. “It’s why these state, local, and Tribal grants are such an important part of President Biden’s Investing in America agenda.”
State and local action is vital to deliver on President Biden’s commitment to reduce climate pollution by 50-52% by 2030. The CPRG program will enable states and local and tribal governments to take aggressive action to combat climate change by funding measures that reduce greenhouse gas (GHG) emissions, especially measures that would bring economic and health benefits to low-income and disadvantaged communities. This program will reduce emissions of greenhouse gases and other harmful air pollution for the health and wellbeing of everyone, including those most vulnerable to the flooding, heat waves, wildfires, and other destabilizing impacts of climate change on communities.
The CPRG program will also advance President Biden’s Justice40 Initiative, which aims to ensure 40% of the overall benefits of certain climate, clean energy, and other Federal investments flow to disadvantaged communities that have been marginalized by underinvestment and overburdened by pollution. Justice40 is part of the Biden-Harris Administration’s historic commitment to environmental justice.
The Climate Pollution Reduction Grants Competitions
EPA is announcing the availability of $4.6 billion across two implementation grant competitions, one general competition and one specifically for Tribes and territories. Under these competitions, eligible applicants will compete for CPRG implementation grants to fund measures in their state-, municipality-, Tribe-, or territory-specific climate action plans. As part of its evaluation of applications, EPA will prioritize measures that achieve the greatest amount of GHG emissions reductions.
In the grant competitions announced today, EPA describes how the agency intends to score applications and award the competitive funds to implementation grant recipients. EPA anticipates awarding approximately 30 to 115 grants ranging between $2 million and $500 million under the general competition. EPA also anticipates awarding approximately 25 to 100 grants ranging between $1 million and $25 million under the Tribes and territories competition.
The deadline to apply to the general competition is April 1, 2024. The deadline to apply to the Tribes and territories competition is May 1, 2024.
EPA estimates that the implementation grants will be awarded in Fall 2024 for the general competition and in Winter 2024-2025 for the Tribes and territories competition.
EPA has published the two official Notice of Funding Opportunities or NOFOs for these grants competitions on grants.gov.
Tribes and Territories Competition NOFO
Webinars
EPA will hold two informational webinars about the general competition on September 21, 2023 at 2:30 pm and October 3, 2023 at 3:00 pm (same content for both), and two informational webinars about the Tribes and territories competition on September 27, 2023 at 2:00 pm and October 5, 2023 at 1:00 pm (same content for both). All times are Eastern Time. These 1-hour webinars will provide more detailed information on the implementation grants competitions. Recordings of the webinars will be posted to the Climate Pollution Reduction Grants webpage.
Register for the September 21st webinar here.
More information on the Climate Pollution Reduction Grants
Sign up for notifications about the Climate Pollution Reduction Grants program