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EPA Enforcement Roundup: Week of 8/19

Posted on 8/15/2019 by Lauren Scott

Every day, facilities across the US receive Notices of Violation from US EPA for alleged noncompliance with a wide variety of programs like the Clean Air and Clean Water Acts, chemical management and reporting regulations (TSCA, EPCRA, CERCLA, etc.), hazardous waste management and disposal standards (RCRA), and much more.

Below are examples of recent EPA enforcement actions that provide insight into how and why EPA issues civil penalties to facilities for environmental noncompliance. Names of companies and individuals cited by EPA are withheld to protect their privacy.

WHO: An automotive and industrial lubricant manufacturer
WHERE: Commerce, CA
WHAT: Clean Water Act violations
HOW MUCH: $196,314
A company that manufactures, packages, and distributes automotive lubricants has been fined by EPA for alleged violations of the Clean Water Act’s oil pollution regulations at their petroleum storage facility. These include failure to develop and implement a Facility Response Plan (FRP) and a Spill Prevention, Control, and Countermeasure Plan (SPCC) among other violations.

Any facility that stores more than 1 million gallons of oil must develop an FRP Plan. The plan helps workers prevent and respond to an oil spill onsite. FRPs also help local and regional response personnel better understand potential hazards and response capabilities in their area.

Be confident you know your site's responsibilities for creating and maintaining a compliant SPCC Plans. The Developing an SPCC Plan Online Course is available now.
 
WHO: An automotive cleaner fluid facility
WHERE: Ayer, MA
WHAT: Clean Air Act, and EPCRA violations
HOW MUCH: $197,075, plus $173,400 in site improvements
EPA has reached a settlement with a Massachusetts windshield wiper fluid and antifreeze manufacturer for alleged violations of the Clean Air Act’s General Duty Clause and EPCRA chemical inventory requirements.
EPA issued the violations after 2016 and 2017 post-chemical-release inspections found the facility was lacking proper safety measures, including emergency relief storage tanks, proper fire protection procedures, employee training, and protective equipment among others.

EPA also found the company allegedly failed to design and maintain the facility to prevent releases and minimize the consequences of accidental releases. In addition to the penalty, EPA required the company to invest $173,400 in site improvements to bring the facility up to compliance.

The last Complete Environmental Regulations Workshop of 2019 comes to Orlando, FL on October 23–24, 2019. Join us to identify your responsibilities for air, water, and chemical compliance under US EPA's major environmental programs. 
 
WHO: A real estate developer
WHERE: Milford MA
WHAT: Clean Water Act violations
HOW MUCH: $48,000
EPA has alleged that a New England real estate developer failed to meet Clean Water Act standards at several of its Massachusetts properties. EPA claims that the company failed to adequately establish and maintain erosion controls at three of its construction sites.

This settlement is the latest penalty for the real estate developer. In 2010, EPA imposed a $150,000 penalty for alleged Federal stormwater permit violations at about a dozen construction sites.
 

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The 2019 nationwide schedule for the Complete Environmental Regulations Workshop is available online with the 2020 schedule coming soon. Collaborate with other managers to identify the requirements that apply to your facility, ask the right questions, and make the right decisions about EPA compliance.
 

Tags: Clean Air Act, Clean Water Act, enforcement, environmental, EPA, EPA Enforcement Roundup, EPCRA, fines, penalties

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