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EPA Enforcement Roundup: Week of 1/17

Posted on 1/17/2017 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.

For the second time in six months, EPA last week raised its fines for noncompliance with major environmental programs. We hope that providing information about EPA enforcement cases will help you identify and fix noncompliance issues that could leave your company facing costly penalties and future liability.

 

Who: A specialty chemicals producer
Where: Geismar, LA
What: RCRA Hazardous waste Violations            
How Much: $1.4 million

A company that produces specialty phosphates will pay a $1.4 million civil penalty to resolve alleged violations of the Resource Conservation and Recovery Act (RCRA) hazardous waste management requirements.

According to a press release issued by EPA, the company violated the RCRA rules by shipping hazardous waste to an adjacent facility that was not permitted to store and treat hazardous waste. Under RCRA, hazardous waste must be shipped to an authorized Treatment, Storage, and Disposal Facility (TSDF) to ensure proper disposal.

 

Who: A pasta maker
Where: South Windsor, CT
What: Clean Air Act RMP and EPCRA requirements for anhydrous ammonia
How Much: $78,184

Pasta maker fined for Clean Air Act violationsYet again, a food-related company has been fined for violations of EPA’s Clean Air Act and Emergency Planning and Community Right-to-Know Act requirements related to anhydrous ammonia in refrigeration equipment.

In this case, the company will pay a $78,184 civil penalty due to resolve the following alleged violations:  
  • Failure to submit Tier II chemical inventory reports required under EPCRA
  • Failure to meet Clean Air Act Risk Management Plan (RMP) hazard control, operating procedure, and emergency response requirements, and more.

Read more:
Tier II Chemical Reporting for Ammonia
Leaky Fridge Equipment Strikes Again, This Time for $500,000  

Need training on the Clean Air Act RMP or Right-to-Know Act (EPCRA) requirements?

Clean Air Act Regulations Online
Coming soon! Superfund and Right-to-Know Act Regulations Online
 

Who: 2 major car manufacturers
Where: Nationwide
What: Clean Air Act violations for engines (mobile sources)
How Much: $4.3 billion (and counting)

When we talk about the Clean Air Act here at Lion News, we typically focus on the regulations and requirements for stationary sources like power plants and the like. That said, we would be remiss if we did not include a couple of major, newsworthy Clean Air Act enforcement cases in this week’s Roundup.

First, a major German car manufacturer has pled guilty to three felony criminal counts of violating the Clean Air Act. The company will pay a total of $4,300,000,000 in penalties (including 2.8 billion in criminal penalties) as a result of a long-running “defeat device” scheme, in which software was installed to “cheat” EPA-mandated emissions testing for cars.

Car diagramNow, a second major auto manufacturer may be embroiled in an emissions cheating scandal. On January 12, US EPA issued a notice of violation (NOV) stemming from the discovery of a similar “defeat device” software scheme used in some of the company’s light-duty cars and trucks. Civil or criminal penalties have not yet been handed down in this case, but fines for Clean Air Act violations can be as high as $95,284 per day, per violation.
 



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Tags: Act, Air, Clean, EPA, EPA Enforcement Roundup, EPCRA, fines and penalties, RCRA

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