We’re back with another EPA Enforcement Roundup! In this week’s Roundup, a railcar repair company, a glass container manufacturer, and eight other businesses face civil penalties for alleged violations of EPA air, water, and/or chemical regulations.
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All accusations of environmental violations herein are “alleged” unless otherwise noted. Lion News does not publish names of individuals or companies impacted by EPA enforcement.
WHO: A railcar repair outfit
WHERE: Kansas and Nebraska
WHAT: RCRA hazardous waste violations
HOW MUCH: $150,731
A rail car repair company with facilities across Kansas and Nebraska allegedly violated the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations
at six of its facilities and now faces a $150,731 civil penalty.
Among the violations are failure to conduct hazardous waste determinations, failure to comply with storage and labeling rules for universal waste and used oil, failure to meets it hazardous waste manifesting responsibilities, and a failure to provide the state of Kansas with updated emergency contact information in a timely fashion.
In addition to the violations of the hazardous waste generator rules, the company faces a penalty for “operating a treatment, storage, and disposal facility without a permit or interim status.” Because the facilities did not comply with the standards for generators, EPA considers the sites to be fully regulated facilities, leading to an additional penalty.
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WHO: A major glass container maker
WHERE: Facilities in Florida, Georgia, Indiana, Minnesota, New York, and Oklahoma
WHAT: Clean Air Act violations
HOW MUCH: $1.1 million
A glass container maker with facilities nationwide will pay more than $1 million and make extensive equipment upgrades to settle allegations that the company failed to obtain a permit to make a major facility modification
, as required by the New Source Review program.
To reduce its emissions of nitrous oxides (NOx
), sulfur dioxide (SO2
), and particulate matter (PM), the company will install new controls and continuously monitor emissions at all of its glass furnaces at an additional cost of about $40 million.
EPA announced settlements with four New England companies in July to >resolve alleged violations of chemical reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA).
WHO: Four companies
WHERE: New England
WHAT: EPCRA chemical reporting violations
HOW MUCH: About $550,000 combined
The separate companies—which manufacture, respectively, naval ships, guns, electrical components, and shoe inserts—all allegedly failed to file proper Toxic Release Inventory (TRI) forms over the past few years. This enforcement action illustrates the broad range of industries impacted by EPA’s EPCRA reporting requirements.
The shipbuilder, EPA says, also violated its Clean Water Act stormwater permit and faces the largest individual civil penalty of the four—$355,000. Under the EPCRA TRI program, detailed in Section 313 of the law, facilities in certain industries that manufacture, process, or use certain hazardous chemicals must report to EPA about their activities.
In June of this year, EPA added a new category of chemicals (NPEs) to EPCRA TRI reporting.
Are you required to file TRI reports under EPCRA? Be confident you know which chemicals are covered and what EPA requires from you. The Superfund and Right-to-Know Act Regulations Online Course guides you through both the EPCRA and CERCLA chemical inventory and release reporting requirements that EHS managers should know.
WHO: Four companies in California
WHERE: Oakland, CA
WHAT: Clean Water Act stormwater violations
HOW MUCH: About $140,000 combined
For allegedly failing to develop and implement an adequate stormwater pollution prevention plan (SPPP), four companies in the Oakland, CA area now face civil penalties for Clean Water Act violations.
The facilities—a ready-mix concrete manufacturing plant, two concrete and asphalt recycling sites, and one recycling facility—may have failed to meet their responsibilities under the CWA, but they were not the only ones. Of the thirteen Oakland-area facilities inspected by EPA and the Regional Water Board, every single one had stormwater violations, according to a joint report issued
(see page 15).
The penalties issued, from largest to smallest: $72,169; $27,000; $23,106; and $15,000.
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