Read on for a new baker’s dozen of enviro enforcement actions, from waste issues to pesticide problems to risk management violations. Some of the citations were six figures—clear evidence that complacency toward environmental compliance is tolerated at the peril of organizations in many industries.
Waste hauler and city pay fine
City of Ansonia; Connecticut Oil Recycling Services
Connecticut Region 1
TSCA violations: The EPA found the city of Ansonia in violation of Toxic Substances Control Act (TSCA) regulations. On August 2, 2016, Ansonia failed to properly prepare a hazardous waste manifest when it offered approximately 500 gallons of waste oil containing polychlorinated biphenyls (PCBs) to Connecticut Oil Recycling Services for transport from a city transfer station to an off-site facility for storage or disposal. Connecticut Oil failed to prepare a hazardous waste manifest when it brought a larger volume of PCB-contaminated oil to a facility in New Haven for storage or disposal several days later. In total, 4,500 gallons of used oil was contaminated with levels of PCBs, meaning that the oil could not be recycled and must be disposed of as TSCA-regulated waste. City employees had previously sampled the oil for PCBs at its transfer station, results showing PCB concentrations above regulatory limits, and communicated the sampling results to Connecticut Oil before the company came to take the oil. The violations still occurred.
Penalty: $19,125 fine for the city of Ansonia; $32,397 fine for Connecticut Oil Recycling Services.
Lead violations
Advanced Windows, Inc.
Maryland Region 3
RRP and TSCA violations: The EPA announced that Advanced Windows, a window installation servicer, was in violation of the Repair and Painting (RRP) rule and TSCA regulations. The company failed to provide the owner and adult occupants with an EPA-approved lead hazard pamphlet, failed to post warning signs, and failed to retain records demonstrating compliance with lead safe work practices.
Penalty: $67,180 fine.
Risk management violations
Bethlehem Energy Center
Pennsylvania Region 3
CAA violations: The Bethlehem Energy Center, a natural gas power station in Bethlehem, was found in violation of Clean Air Act (CAA) Risk Management Plan (RMP) regulations. On October 12, 2017, the EPA conducted an inspection of the facility that revealed the owner/operator of the power station failed to perform inspections and tests on process equipment. Ammonia piping was not inspected in accordance with industry standards. The facility failed to evaluate compliance with the provisions of the prevention program at least every 3 years to verify that the developed procedures and practices were adequate and being followed.
Penalty: $2,700 fine.
No spill plan
Eby’s Oil, Inc.
Pennsylvania Region 3
CWA, SPCC violations: According to the EPA, Eby’s Oil, a heating oil supplier, was in violation of Clean Water Act (CWA) Spill Prevention, Control, and Countermeasure (SPCC) requirements. On February 2, 2017, the EPA conducted an inspection of the Eby’s Oil facility and found that the company failed to prepare and implement an SPCC plan.
Penalty: $12,000 fine.
Waste violations
Fort Dearborn Company
Pennsylvania Region 3
RCRA violations: EPA inspectors discovered violations of Resource Conservation and Recovery Act (RCRA) regulations applicable to generators of hazardous waste. The company had violations pertaining to container requirements, discharge emissions or activities without a required permit, labeling or marking requirements, manifest requirements, misidentified wastes, and recordkeeping.
Penalty: $40,000 fine.
Pesticide problems
Big 3 Packaging, LLC
Florida Region 4
FIFRA violations: The EPA alleged that Big 3 Packaging, a secondary manufacturer and distributor, was in violation of Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) regulations when the company sold Quantum Pleasant, an unregistered pesticide, on three occasions after the primary manufacturer of the pesticide cancelled the pesticide’s registration.
Penalty: $13,700 fine.
Reporting violations
Honda Lock-America, Inc. (HL-A)
Georgia Region 4
EPCRA violations: The EPA alleged that HL-A, an automotive parts manufacturer, was in violation of Emergency Planning and Community Right-to-Know Act (EPCRA) regulations. The company failed to submit a completed emergency and hazardous chemical inventory form for acrylonitrile butadiene styrene, acrylonitrile-styrene-acrylate, zinc alloy, magnesium alloy, and polycarbonate resin to the State Emergency Response Commission (SERC), the Local Emergency Planning Committee (LEPC), and local fire department for the 2014 calendar year.
Penalty: $3,000 fine.
More risk management violations
US Foods, Inc.
Georgia Region 4
CAA, RMP violations: Following a compliance monitoring investigation, the EPA alleged that US Foods, an American food service distributor, was in violation of CAA RMP regulations. The company failed to document that equipment complied with good engineering practices, failed to perform inspections and tests of process equipment, failed to correct deficiencies in equipment that are outside acceptable limits, and failed to establish procedures to ensure management of change authorization requirements for a proposed change. In addition, the company failed to establish and implement written procedures to manage changes to process chemicals, technology, equipment, procedures, and stationary sources that affect a covered process.
Penalty: $107,961 fine.
Failure to report
Yamaha Jet Boat Manufacturing U.S.A., Inc.
Tennessee Region 4
EPCRA, TRI violations: According to the EPA, Yamaha Jet Boat Manufacturing was found in violation of Emergency Planning and Community Right-to-Know Act (EPCRA) Toxic Chemical Release Reporting (TRI) regulations. The company failed to submit a Form R for styrene, methyl methacrylate, and diisocynates for 2014 and 2015, and failed to submit a completed emergency and hazardous chemical inventory form for styrene to the State Emergency Response Commissions (SERCs), the Local Emergency Planning Committees (LEPCs), and local fire department.
Penalty: $164,815 fine.
Reporting and recordkeeping troubles
Colonial Chemical, Inc.
Tennessee Region 4
TSCA violations: According to the EPA, Colonial Chemical, a proprietary chemical ingredient manufacturer and distributor for personal care, industrial, and lubrication markets, was found in violation of Toxic Substances Control Act (TSCA) reporting and recordkeeping regulations. An EPA inspection of 2015 production records and the company’s 2016 chemical data report (CDR) revealed that a chemical was overreported. In addition, the company failed to postmark export notifications to the EPA for a chemical within 7 days of forming the intent to export or on the date of export and failed to timely submit the export notices for a chemical by not postmarking the export notices to the EPA.
Penalty: $31,875 fine.
More pesticide problems
Mobile Paint Manufacturing Company of Delaware, Inc.
Alabama Region 4
FIFRA violations: The Mobile Paint Manufacturing Company, a paint and coating manufacturer and supplier, was found in violation of Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) regulations. The company failed to submit its annual pesticide report for pesticide-producing establishments for calendar-year 2016.
Penalty: $1,200 fine.
Waste violations
C. Nelson Enterprises, Inc., d/b/a Quality Paint and Coatings (QPC)
Wisconsin Region 5
RCRA violations: QPC, a painting and specialty coating servicer for both commercial and military vehicles and equipment, was found in violation of Resource Conservation and Recovery Act (RCRA) hazardous waste generator regulations. On January 31, 2017, the EPA conducted an inspection of the company that revealed QPC failed to provide annual training sessions on hazardous waste management procedures, failed to include required content in its hazardous waste contingency plan, failed to update the plan when necessary, failed to adequately identify and characterize a hazardous waste stream generated on site, and failed to properly manage universal waste lamps.
Penalty: $17,991 fine. In addition, QPC must spend approximately $106,000 to complete two Supplemental Environmental Projects (SEPs). For the first SEP, QPC must purchase and use a more efficient paint mixing system to reduce the volume of paint and solvent waste generated on site by approximately 72 percent. The second SEP requires that QPC purchase and use equipment that will reduce the water content of its hazardous waste chromium conversion solution.
Failure to report
Hiland Dairy Foods Co.
Oklahoma Region 6
EPCRA, TRI violations: According to the EPA, Hiland Dairy Foods was in violation of EPCRA’s Toxic Chemical Release Reporting (TRI) regulations. The company failed to timely report nitric acid for the 2015 calendar year.
Penalty: $8,150 fine.