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EPA Enforcement Roundup: Week of 12/19

Posted on 12/6/2022 by Nick Waldron

US businesses are subject to complex, overlapping environmental regulations related to air emissions, discharges to water, hazardous waste management and disposal, oil spills, chemical management, and more. Failure to comply with all applicable US EPA requirements can result in future liability and civil penalties as high as $100,000+ per day, per violation.

The EPA enforcement actions highlighted below provide insight into how and why the Agency assesses civil penalties for environmental noncompliance.

All violations mentioned are alleged unless we indicate otherwise. We withhold the names of organizations and individuals subject to enforcement to protect their privacy.

WHO: A wholesale seafood producer
WHERE: Naknek, Alaska
WHAT: Clean Air Act violations
HOW MUCH: $345,000

For allegedly violating the Clean Air Act (CAA) for failing to notify EPA or the Alaska Department of Environmental Conservation of the construction and operation of three solid waste incinerators without a permit, an Alaskan seafood producer paid a penalty of $345,000.

The company also failed:

  • Waste management plan requirements;
  • Operator training and qualification requirements; and
  • Emission testing, recordkeeping, and monitoring requirements.

Rather than bringing them into compliance with CAA requirements, the company agreed to shut down the three incinerators—the emissions from these could expose communities to air pollutants harmful enough to cause irritation, reproductive effects, and even cancer.

The company was found by EPA to have failed often to conduct required maintenance on stationary engines used to generate power for the facilities and recordkeeping of that maintenance require by CAA.

WHO: An agriculture supplier
WHERE: Greenleaf, Idaho
WHAT: Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Violations
HOW MUCH: $144,000

An Idahoan agriculture supplier has agreed to pay a civil penalty of $144,400 for alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

FIFRA requires stationary pesticide containers to meet the following requirements:

  • Resistant to extreme temperature changes;
  • Resist cracking; and
  • Withstand the stress of operation.

EPA Enforcement Roundup: Week of 12/19

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Tags: Clean Air Act, EPA Enforcement Roundup, hazardous materials

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