EPA Enforcement Roundup: Week of 2/19

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 Roundup highlights enforcement actions that offer insight into how and why US EPA and state partners assess penalties for noncompliance for environmental regulations.

All violations or claims discussed below are alleged only unless we say otherwise, and we withhold the names of organizations and individuals to protect their privacy.

Your EPA Enforcement Roundup for this week:

A Florida-based shipping company resolves alleged Clean Water Act violations in a new settlement.

According to EPA, two of the company’s general cargo ships violated EPA’s Vessel General Permit (VGP). Penalties for these violations add up to $248,500.

Specifically, EPA claims that the ships discharged untreated ballast water fifteen times in water subject to the VGP and failed to conduct comprehensive annual vessel inspections as required.

One of the ships also failed to report biological indicator compliance monitoring after a treated ballast water discharge.

A roofing and insulation materials manufacturer will pay $115,302 to resolve alleged RCRA violations.

Officials allege that the company operated as a treatment, storage, and/or disposal facility without obtaining a required permit, and failed to:

• Conduct and document determinations of hazardous waste at the facility.
• Notify the state when it generates new hazardous wastes.
• Properly manage certain wastes at the facility.

EPA states that the company was previously penalized by the Kansas Department of Health and Environment in 2017 for similar violations but has come into compliance since the 2022 inspection.

A dairy food product company settled with EPA to resolve alleged Clean Air Act, EPCRA, and CERCLA violations.

EPA says that the company did not adequately document that the facility’s refrigeration system was designed to prevent releases of anhydrous ammonia, and that the company’s operation and maintenance program for the refrigeration system was insufficient. This results in safety issues such as ice accumulation and corrosion.

The Agency also found that the facility failed to:

• Immediately notify the National Response Center and the California Office of Emergency services following a release of anhydrous ammonia.
• Promptly address critical safety recommendations and implement safe work practices for contractors.

The company is set to pay $229,707 in penalties and will provide $179,340 worth of emergency response training equipment to a local fire department, including a hazmat-sensing drone, hazmat incident-simulating software and equipment, and training props.

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Tags: EPA Enforcement Roundup, hazardous waste management, RCRA