EPA Enforcement Roundup: Week of 5/16

Posted on May 15,2017 by Roger Marks

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.

This week, our EPA roundup features EPA settlements with a cement manufacturer in Nevada, a wood treatment plant in Maryland, and a petroleum distributor in Washington state.

WHO: A cement manufacturer
WHERE: Fernley, NV
WHAT: Clean Air Act permit and emissions violations
HOW MUCH: $550,000

cement-big.jpgUnder the Clean Air Act, certain new facility expansion or modification projects require a permit and other preparations under the New Source Review (NSR) program. For failure to obtain a Clean Air Act permit before making major modifications to its Fernley, NV plant, a cement company will pay a six-figure civil penalty.
The facility underwent a modification that significantly increased its nitrogen oxides (NOx) output. In addition to not securing the required Clean Air Act permit, the facility did not install the pollution equipment necessary to address the additional NOx emissions.
Have questions about your Clean Air Act responsibilities? View the Clean Air Act FAQ on this page.

WHO: A wood treatment facility
WHERE:  Federalsburg, MD

WHAT:  RCRA hazardous waste violations
HOW MUCH: $69,000

According to US EPA, a Maryland wood treatment facility will pay $69,000 to settle alleged failures to meet its responsibilities under the Resource Conservation and Recovery Act (RCRA) hazardous waste rules. Violations cited in EPA’s press release include hazardous waste containment violations, RCRA reporting and recordkeeping failures, and failure to make timely hazardous waste determinations.

In addition, the company did not provide RCRA hazardous waste training for employees or keep adequate records of employee RCRA training.

New RCRA hazardous waste rules take effect in 2 weeks. Is your site ready? Join us for the Hazardous Waste Generator Improvements Rule Webinar on May 23. This is the FINAL live, instructor-led RCRA update webinar before the May 30 deadline. In 90 minutes, we’ll cover major changes to RCRA in EPA’s Generator Improvements Rule and help you identify what you must do to stay in compliance.

WHO: A petroleum distributor
WHERE: Grandview, WA
WHAT: EPCRA reporting violations at 6 facilities
HOW MUCH: $65,670

For allegedly failing to submit annual reports required under the Emergency Planning and Community Right-to-Know Act (EPCRA) §312, a major petroleum distributor will pay $65,670. The company stores large volumes of diesel fuel, gasoline, LPG-propane, lubricating and motor oils, and other hazardous chemicals covered under EPCRA inventory reporting requirements.
The EPCRA violations occurred across the state of Washington, at plants located in Grandview, Yakima, Pasco, Seattle, and Toppenish. In addition to paying the civil penalty, the company will install and pre-pay an annual fee for advanced monitoring systems on 180 of its customers’ underground storage tanks (USTs) in Washington, Idaho, and Oregon. 
EPCRA Update: In July 2016, US EPA posted a Final Rule to align the EPCRA chemical reporting and recordkeeping rules with the Globally Harmonized System of Classifying and Labeling Chemicals, or GHS

Convenient, Effective Online EHS Manager Training

EPA compliance training.jpgManaging site compliance with the many complex EPA programs that affect your business—from the Clean Air and Clean Water Acts to TSCA, EPCRA, CERLCA, and more—is a major challenge. If you’re new to the field, or need an update on changing EPA rules, the Complete Environmental Regulations Online Course will help you quickly build in-depth expertise.

Or, check out the latest individual EPA compliance training options here:
Clean Air Act Regulations Online
TSCA Regulations Online
New! Clean Water Act & SDWA Regulations Online
Just Launched! Superfund and Right-to-Know Act Regulations Online 
The 2017 nationwide schedule for the Complete Environmental Regulations Workshop is now available. Collaborate with other managers to identify the requirements that apply to your facility, ask the right questions, and make the right decisions about EPA compliance.

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