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Duchesne River: EPA reaches settlement with landowners June 10, 2021, by Eldin Ganic
The U.S. Environmental Protection Agency (EPA) today announced a settlement with Karl and David Lamb to remedy environmental impacts associated with alleged Clean Water Act (CWA) violations in Duchesne County, Utah.
The Administrative Order on Consent (AOC) between EPA and the Lambs remedies unpermitted dredge and fill activities, and associated discharges, to the Duchesne River and its adjacent floodplain on the Uintah and Ouray Reservation.
Under the terms of the AOC, the Lambs have agreed to submit and implement a restoration plan to remedy the impacts of the earthmoving activities on the Duchesne River.
TSCA/FIFRA/TRI
EPA Announces Univar Solutions USA Will Pay $165,000 For FIFRA Violations:EPA announced on April 19, 2021, that Univar Solutions USA, Inc. of Portland, Oregon, will pay a $165,000 penalty for violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) when it failed to label properly its “Woodlife 111” pesticide, which is used as a wood preservative. EPA notes that under FIFRA, “a pesticide is misbranded if, ‘
the labeling accompanying it does not contain directions for use which are necessary … to protect health and the environment’ and if ‘…
the label does not contain a warning or caution statement which may be necessary … to protect health and the environment.’” According to the press release, EPA alleged that between approximately January 1, 2017, and December 31, 2018, Woodlife 111 labels “omitted several required sections important for the protection of the handler and for the environment, including user safety requirement
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The EPA has made public an April 30 memo from the acting assistant administrator for the Office of Enforcement and Compliance Assurance (OECA) to the national and regional enforcement managers that signals clear and specific enforcement policy expectations, at least in the stressed communities and environmental justice context (referred to herein as the EJ enforcement memo or the memo). And while the specific subject of the memo is enforcement’s approach in support of greater environmental equity, there are multiple and notable references to overall enforcement policy direction.
The memo is “assuming current resources” and does not contain bold new initiatives, although there are references to planned focus on environmental justice in connection with “national initiatives” and a reference to the prospect for use of “additional resources” in the community involvement context. The April 30 memo is very much a
EPA’s Decline in Enforcement Results Was Influenced by Resources, Leadership, and Culture
EPA Can Develop and Track Additional Enforcement Measures and Improve Its Reporting of Annual Enforcement Results
Report appendices include:
Enforcement Trends by EPA Region and Headquarters
Enforcement Trends by Environmental Statute
Changes in Enforcement Measures in FYs 2019 and 2020
Agency Response to Draft Report
Revised Agency Corrective Actions for recommendations 3, 4, 5, and 7
Distribution
OIG’s recommendations include:
Assistant Administrator for Enforcement and Compliance Assurance complete a workforce analysis to assess the capacity to maintain a strong enforcement field presence
Integrate the results of the above-referenced analysis into the Office of Enforcement and Compliance Assurance strategic and annual planning processes