EPA Enforcement Roundup: Week of 7/4
Every day, facilities across the US receive Notices of Violation from Federal and State environmental agencies for alleged noncompliance with a wide variety of programs like the Clean Air and Clean Water Acts, chemical management and reporting regulations (TSCA, EPCRA, CERCLA, etc.), hazardous waste management and disposal standards (RCRA), and much more.
In January 2017, EPA raised its fines for noncompliance with major environmental programs. We hope that providing information about EPA enforcement cases will help you identify and fix noncompliance issues that could leave your company facing costly penalties and future liability.
In this week's EPA Enforcement Roundup, two oil companies and a bottle maker will pay for alleged violations of EPA rules and to fund hazardous substance cleanup.
WHO: An oil refinery
WHERE: Lima, OH
WHAT: Alleged Clean Air Act violations
HOW MUCH: $1,000,000
As part of a lawsuit ongoing since at least 2007, an Ohio refining facility will pay $1 million to settle alleged violations of the Clean Air Act and to fulfill its obligations under a 2007 Department of Justice Consent Decree.
In addition to the $1 million penalty, the refinery will spend $1.75 million to fund a Supplemental Environmental Project (SEP) and perform mitigation work at an estimated cost of $10 million. On top of all of that, the company will spend another $150 million to fulfill the injunctive relief requirements laid out in the new Consent Decree: making leak detection and repair enhancements, developing a CEMS Operation and Maintenance Plan, performing CEMS testing and calibration, training employees, and more.
See the new Consent Decree here.
WHO: A bottle maker and bottling company
WHERE: Wheat Ridge, CO
WHAT: Alleged Clean Air Act violations
HOW MUCH: $475,000
For allegedly modifying the furnaces at its facility without complying with the Clean Air Act New Source Review (NSR) requirements, a Colorado bottle maker and bottling company will pay a six-figure fine to US EPA.
When a facility regulated under the Clean Air Act constructs a new “major source” of air pollution or makes modifications to an existing source, the owners/operators must undergo New Source Review (NSR). NSR is a pre-construction review program that determines if the proposed emissions control technology installed during construction will be adequate to achieve Clean Air Act National Ambient Air Quality Standards (NAAQS) goals for the region.
Have questions about New Source Review or NAAQS requirements? The new Clean Air Act Online Course covers the critical elements of this complex US EPA program and will help you keep your facility in compliance.
WHO: A major oil company
WHERE: Beavercreek, Ohio
WHAT: Recovery of CERCLA cleanup costs
HOW MUCH: $85,253.85
As one of many companies tapped by US EPA to pay for the cleanup for the Lammers Barrel Superfund Site in Beaver Creek, OH, a major oil company will now make its second payment—in the amount of $85,253.85—and fulfill its obligations under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
The 2.5-acre Superfund site in Beavercreek, OH was the former location of a solvent recycler. When the facility burned down in 1969, various chemicals, VOCs, and hydrocarbons contaminated the soil and groundwater. The full list of companies that have contributed to the cleanup includes a number of big names in the American petroleum, chemical, and manufacturing industries.
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