In the fourth quarter (Q4), the EPA finalized 163 settlement agreements with companies small and large across the United States. This represents a significant decrease in enforcement actions—down from 335 penalties—issued in Q3 for 2022. The actions taken resulted in $4,267,879 in fines. Here are some of the highlights.

FIFRA violations yield biggest fine from EPA

The largest fine assessed by the EPA in Q4 was to an Ohio-based industrial equipment supplier for a total penalty of $714,880 for violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Specifically, the EPA alleged that there was a composition difference in the product versus the primary registered pesticide. There were additional enforcement actions taken against 34 other entities for FIFRA violations, with penalties that ranged from $500 to $121,574. In all, FIFRA violations accounted for $1,076,247 in Q4.

CAA violations bringing six-figure fines

The EPA continues its consistent enforcement for Clean Air Act (CAA) violations:

• A chemical distributor was fined $600,000 for various CAA violations at its facilities in Rhode Island, Colorado, and Pennsylvania. The company violated the CAA’s Risk Management Program (RMP) Rule and the General Duty Clause (GDC). Additionally, the company failed to maintain toxic chemical release forms and records under the Emergency Planning and Community Right-to-Know Act (EPCRA) and failed to make the forms and records readily available at the facility for inspection by the EPA.
• A Connecticut-based cold storage warehouse and facility was penalized $149,000 for CAA and EPCRA violations. In July 2018, approximately 3,200 pounds of ammonia was released from a cracked pump in the company’s facility's machinery room. Subsequent EPA inspections of that facility and one in another location revealed several dangerous conditions relating to the ammonia refrigeration system. The inspections also revealed that the company failed to design and maintain a safe facility, taking such steps as are necessary to prevent such releases; minimize the consequences of accidental releases should they occur; and timely submit a Tier 2 chemical inventory report to the fire department, State Emergency Response Commission, and Local Emergency Planning Committee.
• A chemical manufacturer in Texas was fined $118,277 following 2 incidents that resulted in accidental releases of 1,3-Butadiene. The EPA conducted a desktop investigation of the facility and determined there were 10 violations of the CAA and the GDC.

Emphasizing clean water

The EPA cited 43 different entities for violations of the Clean Water Act (CWA), including oil and construction companies, for inadequate Spill Prevention, Control, and Countermeasure (SPCC) plans, as well as towns and cities for National Pollutant Discharge Elimination System (NPDES) permit violations. The fines totaled $547,489 and ranged from $500 to $ 230,000.

RCRA violations

A Kansas-based power station was penalized $120,000 for violations of the Resource Conservation and Recovery Act (RCRA). Specifically, the company failed to adequately prepare annual groundwater monitoring and corrective action reports; comply with groundwater monitoring system requirements; comply with groundwater sampling and analysis requirements; complete an assessment monitoring program; and comply with coal combustion residuals (CCR) impoundment closure and post-closure reporting requirements.

An enhanced performance aromatic monomers manufacturer in Louisiana was fined $80,250 for RCRA violations, including the failure to make a hazardous waste determination, meet contingency plan requirements, and meet training requirements for hazardous waste handlers.

EPCRA violations

An Oklahoma-based metal fabricator was penalized $68,716 for violations of EPCRA’s Toxic Chemical Release Reporting requirements. The violations were discovered during an off-site investigation initiated by data mining several EPA databases for the company’s Toxics Release Inventory (TRI) reporting. The EPA determined that the facility had failed to timely report copper, copper compounds, manganese, manganese compounds, nickel, and nickel compounds for reporting years 2016–2020.

A paper company in Maine was fined $67,721 for violating EPCRA when it failed to timely file TRI reports for nitrate compounds used at the facility during calendar years 2017–2019.