EPA Enforcement Roundup: Week of 9/16

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.

Your EPA Enforcement Roundup for this week:

A specialty chemical manufacturer will pay $89,768 in penalties and equipment for local responders to resolve alleged RCRA violations.

During a May 2023 inspection, EPA determined that the manufacturer qualified as a “large quantity generator” of hazardous waste but failed to meet the requirements of a facility producing that much waste. The alleged violations included:

• Accumulating hazardous waste for longer than 90 days.
• Failing to prepare a contingency plan to respond to emergencies.
• Failing to plan with local emergency responders in the event of a release or threat of a release of hazardous waste.

Because the company failed to meet these requirements, it was operating as an unpermitted treatment, storage, and disposal facility (TSDF).

A petroleum company will pay a $103,377 penalty to resolve alleged Clean Water Act violations in Maui.

In February 2023, EPA inspected the facility to evaluate compliance with the requirements of Clean Water Act Section 311. Based on a 2023 inspection, EPA noted that secondary containment system was not capable of preventing oil from escaping the system before a potential cleanup could occur.

Per EPA, the facility also failed to:

• Provide sufficient secondary containment capacity that would contain the largest bulk storage container and precipitation.
• Comply with the applicable industry standards for integrity testing of the additive bulk storage containers and the requirements for qualifications of workers performing the tests and inspections.

A dairy product company agreed to pay a $93,107 civil penalty to resolve alleged Clean Air Act chemical risk prevention violations.

EPA claims the company stores over 10,000 pounds of anhydrous ammonia and failed to comply with regulations intended to protect the surrounding community from accidental releases. The company allegedly failed to:

• Update emergency contacts.
• Conduct compliance audits at least every three years.
• Conduct and document emergency response coordination activities.

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