EPA Enforcement Roundup: Week of 1/19

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.

---

A Louisiana lubricant manufacturer entered into an agreement with US EPA to resolve alleged hazardous waste violations.

After a fire at the manufacturer's facility in Roseland, Louisiana, US EPA conducted a joint RCRA inspection with the Louisiana Department of Environmental Quality. The Agency alleges inspectors found approximately 250 damaged containers, more than 200 spills, and more than 300 unlabeled or unidentified containers.

The administrative compliance order on consent that the company entered into with US EPA required the company to address alleged violations found during the inspection within 60 days, including correcting failures to:

• Make accurate hazardous waste determinations.
• Carry out the required contingency plan.
• Maintain containers in good condition.
• Manage universal hazardous waste.
• Maintain the operate the facility to minimize the possibility of releasing hazardous waste.

---

A food manufacturer in Massachusetts paid a $1.1M settlement in a settlement to resolve alleged Clean Air Act violations.

The company allegedly violated the federal Clean Air Act (CAA) chemical safety requirements at its food processing plant and its cold storage warehouse, both of which are in Norwood, Massachusetts.

US EPA stated that, on December 19, 2022, “While contractors were working near refrigeration machinery, anhydrous ammonia was accidentally released, resulting in one contractor being killed and another badly injured.”

The Agency said the company did not quickly report the December 2022 release or another release in 2024 to the proper federal officials. The settlement required safety improvements, a $1.1M penalty, and for the company to hire an independent expert to help ensure refrigeration systems at both facilities are safe.

---

A Massachusetts packaged meats company faces a $138,506 penalty for alleged violations of the Clean Air Act’s General Duty Clause.

The Clean Air Act's General Duty Clause states that covered facilities must "...identify hazards which may result from (such) releases using appropriate hazard assessment techniques, to design and maintain a safe facility taking such steps as are necessary to prevent releases, and to minimize the consequences of accidental releases which do occur.” US EPA’s inspections of the company’s facility resulted in allegations that the company failed to design and maintain a safe facility, including failure to:

• Adequately label piping associated with the ammonia refrigeration system to indicate contents and direction of flow,
• Provide impact protection under the high-pressure receiver; and
• Anchor jersey barriers protecting the exterior of the ammonia machinery room and condenser support system.

The Agency also alleges the company failed to minimize the consequences if a release of anhydrous ammonia were to occur: There was no handwheel for easy closure during an emergency of the primary valve inside the ammonia machinery room, atmospheric termination of pressure relief device discharge piping was fewer than 20 feet from an opening building, and emergency shutdown instructions and phone numbers were not posted, clearly identified, or easily available.

---

Four wholesale grocers received stop sale orders from US EPA due to alleged Federal Insecticide, Fungicide, and Rodenticide (FIFRA) noncompliance.

Following inspections in Houston and San Antonio, US EPA Region 6 issued the Stop Sale, Use, or Removal Orders (SSUROs) due to eight different unregistered pesticide products. The products are considered pesticides under FIFRA due in part to the pesticidal claims made on their labels.

The FIFRA regulations require pesticide products to be registered with US EPA. The Agency can take enforcement actions if a company fails to register a pesticide, including denying entry of those products and issuing notices of warning, a SSURO, and penalties to companies for illegal distribution.

---

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 12–13 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: Clean Air Act, EPA Enforcement Roundup, FIFRA, hazardous waste management, RCRA