Our second environmental enforcement roundup for July 2018 includes air, discharge, lead, and permit violations, plus an enormous fine for a single company—and the $850,000 fine was only the beginning.
Air Violations
John S. Lane and Son, Inc. (JS Lane)
Massachusetts Region 1
CAA, NSPS, NESHAP violations: The EPA found JS Lane, a company that operates stone crushers, screeners, and conveyer belts, in violation of Clean Air Act (CAA) regulations. An EPA inspection conducted in 2016 revealed that JS Lane failed to comply with New Source Performance Standards (NSPS) for Nonmetallic Mineral Processing Plants for its stone crushing equipment and National Emission Standards for Hazardous Air Pollutants (NESHAP) for Stationary Reciprocating Internal Combustion Engines for its engines. Specifically, the company failed to conduct a timely initial performance test or initial compliance demonstration on its engines and failed to submit an initial notification, a timely notification of compliance status, and semiannual compliance reports for its engines.
Penalty: $93,500 fine.
Lead Violations
Jack’s Wholesale Windows and Design, Inc.
Michigan Region 5
TSCA, RRP Rule violations: The EPA alleged that Jack’s Wholesale Windows, a windows, siding, and door replacement company, was in violation of the Toxic Substances Control Act’s (TSCA) Lead Renovation, Repair and Painting Rule (RRP Rule). The company failed to retain all records for 3 years following completion of renovation activities, failed to ensure that all individuals performing renovation activities were certified renovators or had been trained by a certified renovator, and failed to ensure that a certified renovator was assigned to each renovation.
Penalty: $10,236 fine.
Discharge Violations
Seven Cross Operating LLC
Texas Region 6
CWA, NPDES violations: Seven Cross Operating, which operates an oil field production facility, was found in violation of the Clean Water Act’s (CWA) National Pollutant Discharge Elimination System (NPDES) regulations. The company discharged fluids high in total dissolved salts to waters of the United States without authorization.
Penalty: $9,000 fine.
Gavel laying on top of us money.
Huge Fine for One Company
MFA Incorporated and MFA Enterprises Incorporated (MFA)
Missouri Region 7
CAA, RMP violations: MFA, a Midwest-based regional farm supply and marketing cooperative, was found in violation of the CAA’s Risk Management Program (RMP) regulations at nine of its facilities. The most common violations were that the company failed to implement procedures to maintain its equipment, failed to properly conduct hazard reviews and address any hazards discovered in a timely manner, failed to develop and implement written operating procedures with clear instructions for safely conducting activities, and failed to disclose all incidents of accidental chemical releases that injured its employees in the company’s RMP submissions.
Penalty: $850,000 fine. In addition, MFA must spend approximately $400,000 to install emergency electronic shutoff systems for at least 53 of its facilities. The company must also create and implement corporate policies and engineering specifications for the storage and handling of anhydrous ammonia, as well as a corporate-wide inventory maintenance system, and must inspect and remedy any problems that are found. MFA must update its accidental releases information provided to the EPA and create and maintain a publicly available portion of its website that lists any future accidents and releases that occur. The company must also hire an independent third-party auditor to conduct RMP audits at 20 of its facilities to identify and correct any potential RMP violations.
Failure to Obtain a Permit
Taylor Farms Retail, Inc. (Taylor Farms)
California Region 9
CWA, NPDES violations: According to the EPA, Taylor Farms, a food producer, was in violation of the CWA’s NPDES regulations. In November 2016, the EPA inspected Taylor Farms’ facility and discovered that the company failed to obtain a stormwater discharge permit from the California State Water Resources Control Board. The company had discharging stormwater associated with industrial activity into the Alisal Creek, a tributary to the Old Salinas River, which flows into Monterey Bay. In addition, the facility was operating without a stormwater pollution prevention plan and failed to conduct required annual employee training on minimizing pollutants in stormwater runoff.
Penalty: $67,640 fine.