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EPA Enforcement Roundup: Week of 11/19

Posted on November 19, 2019 by Lauren Scott

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 hazardous waste disposal company
WHERE: Albuquerque, NM
WHAT: RCRA violations
HOW MUCH: $360,285

EPA has reached a settlement with a southwestern hazardous waste disposal company for alleged violations from a May 2019 inspection. Violations include improper storage of used oil, failure to respond to a release of used oil into the environment, and storage of hazardous waste for longer than allowed in the company permit.

The fine will go towards the New Mexico Hazardous Waste Emergency Fund to offset the costs of hazardous waste cleanups throughout the state.

WHO: A chemical manufacturing facility
WHERE: Nevada, New York, and Utah
WHAT: FIFRA violations
HOW MUCH: $300,415

An industrial chemical manufacturer based in Salt Lake City, UT has resolved alleged FIFRA violations at 3 facilities across the country. The chemical manufacturer had allegedly produced unregistered disinfectants and failed to register its pesticide facility in NY prior to the start of production in 2014.

FIFRA registration and labeling requirements protect human health and the environment by ensuring pesticides in the marketplace are tested and safe to use.  EPA evaluates registration applications to assess a wide variety of potential health and environmental effects.

WHO: A lumber supplier
WHERE: Kinsale, VA
WHAT: RCRA violations
HOW MUCH: $38,252

EPA has issued a civil penalty to a wood fuel distributer for allegedly failing to make hazardous waste determination and failing to obtain a Certified Assessment by a professional engineer.

The Consent Agreement requires the facility to develop a Standard Operating Procedure (SOP) and obtain a written assessment of the drip pad that has been certified by a qualified professional engineer.

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