EPA Enforcement Round Up - Week of 10/14

Posted on 10/17/2016 by Roger Marks

Every day, facilities all across America receive Notices of Violation from US EPA for alleged noncompliance with a wide variety of programs like the Clean Air and Clean Water Acts, chemical management and reporting regulations, hazardous waste management and disposal standards, and much more.

EPA raised its maximum civil penalties in 2016, making it more critical than ever that EHS professionals understand how these complex regulatory programs affect their facilities. We hope providing information about EPA enforcement cases will help you identify and fix noncompliance issues that could leave your company facing down costly penalties and future liability.

Who: A fireworks company owner and former State legislator
Where: Hillsborough County, NH
What: Solid/hazardous waste violations
How Much: A $260,000 criminal penalty

The owner of a fireworks company pled guilty to felony charges of unlawfully operating a solid waste facility after improperly disposing of Cathode Ray Tubes (CRTs) on the property of another company he owns. Under NH State law, facilities that manage solid waste, including CRTs, must apply for and retain a permit. US Environmental Protection Agency logo

According to a news release from the State Attorney General’s office, the company buried Cathode Ray Tubes (CRTs) on the property of another company. In addition to the $250,000 criminal penalty, the owner will pay a $10,000 fine for related offenses and could face an additional $250,000 penalty that has been suspended pending “good behavior.”  

Companies are finding it more and more difficult to properly recycle Cathode Ray Tubes (CRTs) as the technology becomes obsolete and fewer and fewer businesses manufacture new CRTs. Last month, a scrap metal recycler in California also pled guilty to five felonies related to CRT disposal.

Who: A residential real estate developer
Where: Dubuque, IA
What: Clean Water Act violations
How Much: $50,000

The developer, who since being fined by EPA has corrected the alleged violations, was cited for failure to develop and implement an adequate Storm Water Pollution Prevention Plan (SWPPP) and failure to install proper stormwater controls. In addition, the company allegedly did not perform and document proper self-inspections. These were violations of the site’s Clean Water Act National Pollution Discharge Elimination System (NPDES) permit.

NPDES permit requirements can vary based on the state in which a business operates. Find out how NPDES rules vary by state here.

Who: A NY petroleum storage company and a NY chemical company
Where: New York State
What: Clean Air Act Risk Management Plan (RMP) violations
How Much: $194,000 combined

US EPA reached settlements with a Savona, NY petroleum storage facility and a Lockport, NY chemical company, for alleged violations of the Clean Air Act Risk Management Plan (RMP) chemical safety requirements. 

Among the alleged violations are failures to identify hazards in the workplace and comply with equipment safety requirements. In addition to the civil penalties, the companies will pay a combined $258,000 to purchase hazardous materials equipment and vehicles for local emergency responders. 
Learn more about Clean Air Act Risk Management Plans here. 


Who: A pesticide producer
Where: St. Joseph, MO
What: Mislabeling FIFRA-regulated pesticides  
How Much: $112,684

According to US EPA, an inspection of a Midwest pesticide producer’s facility revealed violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). FIFRA sets specific requirements for accurately labeling pesticides to protect the public and agricultural workers.
Under FIFRA, pesticide producers submit confidential formulations to US EPA and must stick to these formulations when they manufacture or process their final product. The EPA inspection also uncovered at least one instance where a pesticide ready for distribution contained far more of its active ingredient than stated on the confidential formulation and container label.

Complete EPA Regulations Workshops – 2017 Schedule Now Available!

The final two sessions of the nationally trusted Complete Environmental Regulations Workshop will be held in San Jose on Oct. 31–Nov. 1 and Los Angeles on Nov. 3–4 and will help EHS professionals manage compliance with both US EPA and Cal/EPA environmental rules critical for facilities in California.

If you're responsible for ensuring site compliance with the many complex programs—from the Clean Air and Clean Water Acts to TSCA, FIFRA, EPCRA, and more—this workshop will help you identify the requirements that apply to your facility and make decisions that put your environmental team in a position to succeed.

The 2017 schedule is available now and includes a workshop in our new Environmental Training Center in Sparta, NJ! Register to receive a full year of Lion Membership for complete on-the-job compliance support. 

Tags: Act, Air, Clean, Clean Water Act, EPA, EPA Enforcement Roundup

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