Take a look at 11 recent environmental enforcement actions from around the U.S. and what was behind the various violations. Some of the penalties were steep—learn from other organizations’ mistakes to ensure your company isn’t the next one cited!
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Failure to Submit Tier II Reports
Birdsboro Kosher Farms Corp.
Pennsylvania Region 3
EPCRA violations: According to the EPA, Birdsboro Kosher Farm, a meat processing company, was in violation of Emergency Planning and Community Right-to-Know Act (EPCRA) regulations. The company failed to submit Tier II Emergency and Hazardous Chemical Inventory forms to the state’s reporting entities for the two hazardous chemicals (anhydrous ammonia and sulfuric acid) that were stored on-site from 2013 through 2015.
Penalty: $15,233 fine.
Waste Troubles
Dial Corporation
Pennsylvania Region 3
RCRA violations: The EPA conducted a compliance investigation of the Dial Corporation’s facility in West Hazleton, Pennsylvania, that revealed violations of Pennsylvania Hazardous Waste Management Regulations. Dial, an antibacterial soap and laundry detergent manufacturer, was operating a hazardous waste treatment, storage, and/or disposal facility without a permit or interim status. The company failed to keep hazardous waste containers closed, failed to store universal waste lamps in closed structurally sound containers, failed to label universal waste lamp containers, and failed to identify the accumulation start date for universal waste batteries. In addition, Dial failed to submit copies of its contingency plan to local authorities and failed to file biennial reports.
Penalty: $44,598 fine.
HAP Violations
Georgia-Pacific Panel Products, LLC (GP)
Pennsylvania Region 3
CAA violations: According to the EPA, GP, a company that manufactures plywood and composite wood products, was in violation of Clean Air Act (CAA) National Emissions Standards for Hazardous Air Pollutants (NESHAP) Plywood and Composite Wood Products regulations. GP’s facility applied hazardous air pollutants (HAPs) containing surface coatings during painting activities within their facility.
Penalty: $80,000 fine.
Reporting Violations
Pro-sol, Inc.
Alabama Region 4
EPCRA violations: According to the EPA, Pro-sol, a fertilizer manufacturer was in violation of EPCRA regulations. The company failed to submit a Toxics Release Inventory (TRI) Form R for copper compounds, manganese compounds, and zinc compounds to the EPA and to Alabama officials for 2014 reporting. The company failed to submit a completed Tier II Emergency and Hazardous Chemical Inventory form for potassium nitrate to the State Emergency Response Commission (SERC), the Local Emergency Planning Committee (LEPC), and the appropriate fire department for 2014, 2015, and 2016.
Penalty: $9,508 fine.
Tampering with Emissions Controls
Abbyland Trucking, Inc.
Wisconsin Region 5
CAA violations: The EPA alleged that Abbyland Trucking, a freight shipping and trucking company, was in violation of the CAA regulations. The company removed or tampered with emissions control systems on 320 heavy-duty diesel trucks, including 12 trucks within their own fleet.
Penalty: $75,000 fine. In addition, the company must remove all defeat devices and reinstall controls on all vehicles in their own fleet. The company also must complete a recall of up to 100 trucks and/or complete a mitigation project, which includes purchasing school buses and installing anti-idling devices on heavy-duty diesel trucks.
Hazwaste Generator Violations
Microconsult, Inc.
Texas Region 6
RCRA violations: Microconsult, a scientific laboratory, was found in violation of Resource Conservation and Recovery Act (RCRA) hazardous waste generator requirements. The EPA found discrepancies in the volumes of hazardous waste shipped by Microconsult revealed by data from a Texas treatment, storage, and disposal facility (TSDF). After further investigation, the EPA discovered that the lab failed to acquire an EPA ID number and was operating as a small quantity generator (SQG).
Penalty: $23,558 fine.
Failure to Report
Fortron Industries, LLC
North Carolina Region 4
CERCLA and EPCRA violations: On January 17, 2016, Fortron Industries, LLC, a chemical manufacturer, released p-dichlorobenzene above the reportable quantity into the environment. The company was found in violation of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Emergency Planning and Community Right-to-Know Act (EPCRA) regulations. The EPA alleged that the company failed to immediately notify the NRC, the State Emergency Response Commission (SERC), and the Local Emergency Planning Committee (LEPC) as soon as the company had knowledge of the release.
Penalty: $6,322 fine.
Reporting Troubles
Newport Cold Storage Company
Minnesota Region 5
EPCRA violations: The EPA alleged that the Newport Cold Storage Company was in violation of EPCRA regulations. The company failed to have a safety data sheet (SDS) for sulfuric acid and failed to submit a completed emergency and hazardous chemical inventory form that included sulfuric acid for 2015 to the SERC, LEPC, and fire department. The company also failed to submit an emergency and hazardous chemical inventory form that included lead for 2013, 2014 and 2015. The company did not submit a 2015 Tier II form to the Newport Fire Department for 2015.
Penalty: $12,722 fine.
Air Violations
James Austin Company
Texas Region 6
CAA violations: According to the EPA, James Austin Company, a bleach manufacturer, was in violation of the CAA Risk Management Plan (RMP) regulations. The company failed to document people responsible for implementing the requirements and to define lines of authority; failed to develop and implement written procedures for safely conducting activities for each covered process; failed to provide annual certifications for operating procedures; failed to provide required training for operators; failed to prepare and implement maintenance procedures for the chlorine process; and failed to involve employees in the process safety management program.
Penalty: $35,043 fine.
Multiple Violations for One Company
Gibson Wine Co.
California Region 9
CAA, CERLCA, and EPCRA violations: In January 2013, the EPA conducted an inspection of Gibson Wine following a release of more than 280 pounds of anhydrous ammonia at its wine-making facility in September 2012. The release lead to the death of one of Gibson Wine’s workers, triggered evacuations, and required a fire department response. The 2013 inspection revealed that Gibson Wine was in violation of Clean Air Act (CAA) regulations when it failed to identify hazards, failed to design and maintain a safe facility, and failed to minimize the consequences of an accidental release. Hazards that the EPA uncovered during the inspection included a lack of readily available devices designed to prevent a release of ammonia from oil drain lines, inadequate operating procedures and insufficient employee training for operating procedures, a lack of labeling to identify ammonia refrigeration system pipes and equipment. In addition, Gibson Wine failed to immediately notify the National Response Center (NRC) and the California Office of Emergency Services as soon as it discovered the release.
Penalty: $330,000 fine. Gibson Wine will also spend approximately $300,000 to install a computer control system for its anhydrous ammonia refrigeration system, move one of the ammonia refrigeration systems to a safer location, conduct an audit of ammonia refrigeration equipment, and label refrigeration pipes and equipment.
Pesticide Problems
Concentrates, Inc.
Oregon Region 10
FIFRA violations: Concentrates, Inc., an agricultural products supplier, was found in violation of Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) regulations. The company distributed and sold unregistered pesticides that posed a risk of harm to human health as distributed. In addition, Concentrates failed to register as a pesticide-producing establishment with the EPA.
Penalty: $82,136