Enforcement and Inspection

$300k fine for No Air Permit – January 2013 Enforcement Wrap-Up


Knock Out Ammonia Releases
Dairy corporation
Puerto Rico    
EPA Region 2
CAA violations: The EPA alleges that the dairy failed in its general duty of care to identify hazards and to maintain safe facilities and failed to comply with regulatory requirements for process safety management under the Clean Air Act at two facilities in Puerto Rico. The company also failed to comply with administrative orders at both facilities. These failures resulted in two major releases of anhydrous ammonia from one of the facilities.
Penalty: $275,000 fine and $3.75 million in supplemental environmental projects (SEPs) to improve the refrigeration systems at both facilities, to considerably reduce the amount of anhydrous ammonia in the systems at both facilities, to improve alarm and ammonia release notification procedures, and to provide medical training and/or equipment to medical personnel to treat persons affected by exposure to anhydrous ammonia.

Failed to Get Permit
Glass manufacturer
New Jersey     
EPA Region 2
CAA violations: According to the EPA and DOJ, the company constructed a new glass melting furnace at its facility in Millville, N.J., resulting in increased emissions of NOx and PM, without first obtaining preconstruction permits or installing the required pollution control equipment.
Penalty: $300,000 fine and upgrades to the facility to control NOx and PM emissions.

Inadequate Spill Response Programs
Oil company
Maryland                    
EPA Region 3
CAA violations: The EPA alleges that the company violated federal regulations requiring oil storage facilities to conduct drills and exercises to respond to oil spills at a terminal in Maryland. Specifically, the EPA cited the company for failing to adequately implement a response plan, failing to identify sufficient spill response resources at the facility, and deficiencies in the facility’s training, drills, and exercises program.
Penalty: $210,000 fine. The civil penalty is EPA’s highest to date for violations of oil drills and exercises requirements where there was no discharge of oil. In addition, the company will also implement an enhanced oil spill response program at its oil terminals nationwide, as well as a comprehensive compliance audit to resolve alleged violations of oil spill response regulations at its terminal in Maryland. The company will also conduct an independent compliance audit of 12 of its marine and high-risk petroleum product terminal facilities.


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Unauthorized Brine Waste Disposal
Energy company
Pennsylvania             
EPA Region 3
SDWA violations: According to the EPA, a former part-owner and a former site supervisor of the company, which is based in Kansas, dumped approximately 228,000 gallons of contaminated brine into two preexisting wells in the Allegheny National Forest (ANF) without a permit. Wastewater from the company’s oil production wells in the ANF was supposed to be disposed of at an authorized treatment facility.
Penalty:  $54,324 fine. The company will also plug a well that was used illegally for dumping oil production brine waste. Previously, the former owner was sentenced to 10 months’ home detention, 3 years’ probation, a $5,000 fine, and 100 hours of community service. The site supervisor was sentenced to 8 month’s home detention, 3 years’ probation, a $4,000 fine, and 80 hours of community service.

Spill Control Inadequate
O&G company
Texas  
EPA Region 6
SPCC violations: During inspections at two oil production facilities in Louisiana, the EPA found numerous SPCC violations including failure to adequately conduct and document facility inspections, failure to provide the locations for spare sump pumps, and failure to provide annual pressure test data to demonstrate compliance with SPCC regulations. The inspections also revealed inadequate documentation of SPCC training and failure to describe the method of activation or control of surface and subsurface well shut-in valves and devices at the facilities.
Penalty: $29,400 fine

Exceeded NOx Limit
Cement Company
Missouri         
EPA Region 7
CAA violations: The EPA alleges the company exceeded the NOx emission limit during 2007 and 2008 and did not install or operate any approved alternatives during that time.
Penalty: $22,025 fine and a $300,000 SEP that involves eliminating an outside clinker storage pile along with the associated material handling system and replacing it with enclosed conveyors and a dust controlled truck load-out.


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Poor Baghouse Dust Management
Pipe manufacturer
California       
EPA Region 9
RCRA violations: The EPA alleges the company improperly managed “baghouse dust,” a hazardous waste containing cadmium and lead generated from iron pipe fabrication. The company failed to contain the dust, and it was found on facility grounds.
Penalty: $158,000 fine.

Vapors Released During Gas Delivery
Fuel delivery companies
Idaho              
EPA Region 10
CAA violations: According to EPA, the two gasoline delivery companies did not comply with required management practices when they unloaded gasoline at two gas stations that did not have CAA-required vapor control systems. At least 15 tons of volatile organic compounds were released as a result.
Penalty: $48,000 and $45,600 fines.

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