EPA Enforcement Roundup: Week of 2/20

Posted on 2/20/2018 by Roger Marks

In this week’s EPA Enforcement Roundup, a major online retailer will pay more than $1 million for selling unregistered, misbranded pesticides in violation of FIFRA; a global petrochemical firm will complete a $10 million project to resolve Clean Air Act allegations; and more.

These are only a few of the environmental enforcement cases we’ve read about in the last 30 days. See EPA Enforcement actions that colleagues can learn from? Post them on Lion’s Facebook page here. Like Lion’s page so you never miss an update about DOT hazmat, hazardous waste, OSHA workplace safety, and EPA compliance.

In last week’s EPA Enforcement Roundup, A petroleum processor, an agricultural firm, and an Ohio city all paid to settle alleged EPA violations.

WHO: A giant online retailer
WHERE: Seattle, WA
WHAT: FIFRA pesticide violations
HOW MUCH: $1.2 million

For allegedly selling and distributing unregistered, misbranded pesticides through its global third-party seller network, in violation of the Federal Insecticide Fungicide and Rodenticide Act (FIFRA). 

According to EPA, the company held for distribution and distributed multiple pesticide and “pesticide chalk” products on behalf of third-party sellers operating through the company’s website. Under FIFRA, pesticides must be registered with US EPA and cannot be labeled with misleading or false information about the safety of the product (“misbranded”).

For violating FIFRA, the company will pay a $1,215,700 civil penalty and create a FIFRA online course available to the public “on the requirements of FIFRA and associated regulations.”

WHO: A global petrochemical firm
WHERE: Norco, LA
WHAT: Clean Air Act violations
HOW MUCH: $10 million

air-pollution.jpgA petrochemical facility in St. Charles Parish, Louisiana has resolved allegations from US EPA and the Louisiana Department of Environmental Quality that the facility failed to properly operate industrial flares that reduce air pollution.

The company will spend $10 million to install and operate new air pollution control and monitoring technology to reduce emissions of volatile organic compounds (VOCs), benzene, and other harmful air pollutants. In addition, the company will begin operation of a flare gas recovery system to divert waste gas that would otherwise enter the environment and pay a $350,000 civil penalty.

WHO: A sewage sludge incinerator
WHERE: Naugatuck, CT
WHAT: Failure to meet Clean Air Act compliance deadline
HOW MUCH: $100,000

A facility that incinerates sewage sludge—resulting in emissions of mercury, dioxins, furans, cadmium, lead, and carbon monoxide—recently contacted EPA regarding its difficulties coming into compliance with new 2016 Clean Air Act mercury emissions standards.

Under the new 2016 Clean Air Act requirements, facilities must limit emissions of 10 pollutants, including mercury; test emissions; and put in place procedures to limit emissions. The company will pay a $100,000 civil penalty to resolve the emission violations and enter a legally binding schedule to install and operate new mercury emissions controls within 2 years.

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Tags: Act, Air, Clean, EPA Enforcement, EPA Enforcement Roundup, FIFRA, fines and penalties

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