EPA Enforcement Roundup: Week of 10/21

Every day, facilities across the US 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 (TSCA, EPCRA, CERCLA, etc.), hazardous waste management and disposal standards (RCRA), and much more.

Below are examples of recent EPA enforcement actions that provide insight into how and why EPA issues civil penalties to facilities for environmental noncompliance. Names of companies and individuals cited by EPA are withheld to protect their privacy.
 
WHO: A pharmaceutical chemical manufacturer
WHERE: Newburyport, MA
WHAT: RCRA violations
HOW MUCH: $52,210 plus a $152,000 Supplementary Environmental Project
EPA has reached a settlement with a New England chemical production facility over alleged hazardous waste violations dating back to 2017. EPA claims four of the company’s hazardous waste tanks failed to comply with regulations designed to prevent hazardous waste releases and failed to comply with hazardous waste air emission standards for these tanks.
The facility has agreed to pay the fine and plant 63 trees in Newburyport as part of a supplemental project designed to reduce air pollution in the area.
 
WHO: A regional supermarket chain
WHERE: Commerce, CA
WHAT: Clean Air Act violations
HOW MUCH: $168,043
A grocer-owned dairy processing facility has come under scrutiny for alleged violations of the Clean Air Act’s Risk Management Plan. EPA alleges that the facility lacked proper safety requirements, mechanical integrity program, documentation of personnel training, and follow-up on compliance audit findings.
EPA also found that the facility lacked necessary signs and labels; lacked auditory or visual alarms to alert employees of an ammonia release; and had inadequate emergency response measures, including ammonia detectors and emergency ventilation override switches.
 
WHO: An agricultural supply company
WHERE: San Luis, AZ
WHAT: FIFRA violations
HOW MUCH: $19,016
A seed and pesticide distributer allegedly attempted to import 972 containers of an unregistered pesticide to an Arizona facility, according to EPA. This is a violation of the Federal Insecticide and Rodenticide Act (FIFRA), which ensures that pesticides are used, stored, and disposed of safely.
FIFRA requires pesticide importers to report any new pesticides entering the U.S. by submitting Notice of Arrival forms to EPA for review before they enter the country. The information provided helps EPA decide whether a pesticide may pose unreasonable risks to public health or the environment. 
 

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Tags: Clean Air Act, enforcement, EPA, EPA Enforcement Roundup, FIFRA, fines, fungicide, hazardous waste, insecticide, penalties, pesticide, RCRA