EPA Enforcement Roundup: Week of 2/24

The EPA Enforcement Roundup gives you insight into how and why US EPA and State partners assess penalties for environmental noncompliance.

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.

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An Indiana manufacturer agreed to pay $52,000 to the IDEM to resolve alleged hazardous waste violations.

The manufacturer is required to pay $13,000 of the assessed $52,000 to the Indiana Department of Environmental Management (IDEM) within thirty days. The company make a payment of the remaining $39,000 to the Indiana Finance Authority to fund a Supplemental Environmental Project rather than paying the rest of the penalty to the IDEM.

According to the IDEM, the manufacturer failed to:

• Provide initial hazardous waste training to employees.
• Make hazardous waste determinations.
• Label or clearly mark containers with an indication of the hazards of the contents.
• Notify IDEM of its generator status or properly determine its generator category as a Large Quantity Generator.
• Notify the Commissioner of hazardous waste generator activities.
• Comply with 40 CFR Parts 264 and 270 when storing hazardous waste on-site for greater than 90 days.
• Obtain a permit to store hazardous waste identified or listed in 40 CFR 261.
• Obtain a permit to accumulate hazardous waste on-site
• Conduct weekly inspections of the central accumulation areas.
• Provide adequate aisle space.
• Develop a contingency plan.

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A industrial contractor faces $266,570 in penalties as a result of thirteen alleged hazardous waste violations in New Mexico.

The New Mexico Environment Department (NMED) conducted a hazardous waste compliance evaluation inspection at the contractor’s Farmington facility where the company performs a variety of field services to the construction, oilfield, and other industries.

Officials allegedly observed thirteen hazardous waste violations, including failures to:

• Properly calculate hazardous wastes to determine generator status.
• Perform weekly inspections of container condition at the Central Accumulation Area (“CAA”).
• Label satellite containers of hazardous waste with the words “hazardous waste”.
• Label satellite containers of hazardous waste with an indication of the hazard(s) presented by the waste.
• Label containers of hazardous waste with the words “hazardous waste”.
• Label containers of hazardous waste with an indication of the hazard(s) presented by the waste.
• Mark containers of hazardous waste with the date upon which accumulation began.
• Keep containers of hazardous waste closed.
• Correctly determine and pay hazardous waste generator fees.
• Submit a Biennial Hazardous Waste Reports to NMED.
• Store universal waste lamps in closed containers capable of preventing breakage.
• Label universal waste lamps with the words “universal waste”, or with other wording to identify the waste.
• Demonstrate the length of time universal waste has accumulated.

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A gas station chain was cited by Oregon’s DEQ for alleged underground storage tank violations at three facilities.

The company owns and operates three gas stations in Klamath Falls, Oregon, and is required to pay a civil penalty of $111,175 to the Department of Environmental Quality for alleged violations related to its underground storage tanks (USTs). Specifically, the DEQ alleges that the company failed to:

• Operate and maintain spill prevention equipment, to prevent the release of fuel to the environment when the transfer hose is detached from the fill pipe.
• Initially test its spill prevention and overfill prevention equipment
• Test the equipment within three years of the initial deadline
• Test the electronic and mechanical components of the release detection system on an annual basis
• Conduct operational line leak detector testing annually
• Conduct line tightness testing annually
• Conduct walkthrough inspections of the spill prevention equipment and release detection equipment every thirty (30) days
• Conduct annual operation and maintenance walkthrough inspections
• Retain the most current twelve consecutive months of release detection records
• Immediately initiate investigation and confirmation of a suspected release of fuel from four USTs.
• Repair or replace shear valves, which are UST system components that prevent releases of fuel.
• Provide a method of release detection that can detect a release from any portion of the UST and the underground piping that routinely contains a regulated substance.

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Complete Environmental Regulations Training

Want a clearer idea of how major EPA air, water, and chemical programs all fit together to affect your site's activities? Join in on the next Complete Environmental Regulations Webinar on March 13–14 at Lion.com.

EH&S professionals who attend can identify the regulations that apply to their facility and locate key requirements to achieve compliance with the Clean Air and Clean Water Acts to EPCRA, TSCA, Superfund, and more. Prefer to train at your own pace? Try the interactive online course.

Tags: EPA Enforcement Roundup, hazardous waste management