In the first quarter (Q1), the EPA finalized 239 settlement agreements with companies small and large across the United States. This represents an increase in enforcement actions—up from 163 penalties—issued in Q4 for 2022. The actions taken resulted in $6,017,673 in fines. Here are some of the highlights.

CAA violations yield biggest fine from EPA

The largest fine assessed by the EPA in Q1 was to two Indiana-based auto companies for a total penalty of $552,950 for violations of the Clean Air Act (CAA). Specifically, the EPA alleged that the companies sold “defeat devices” designed to bypass or disable vehicle emissions control systems. Under the settlement, the companies have also agreed to cease all tampering and to stop manufacturing and selling defeat devices. There were additional enforcement actions taken against 33 other entities for CAA violations, with penalties that ranged from $1,200 to $344,250. In all, CAA violations accounted for $2,963,076 in Q1.

FIFRA violations bringing six-figure fines

The EPA continues its consistent enforcement for Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) violations:

• A Minnesota-based hearing aid product and accessory company was penalized $215,000 for the FIFRA violation of having an unregistered pesticide in one of its cleaning products. The product was specifically marketed for COVID-19 disinfection.
• A rodenticide company in Pennsylvania was fined $125,000 for various alleged FIFRA violations. The violations were discovered during investigations into rodenticide products imported and sold by the company from 2015 to 2020. Through laboratory testing, the products were found to have percentages of active ingredients below certified limits and to contain components that were not approved at the time of registration. Additionally in 2020, the company was observed to be distributing or selling the two rodenticides after having received a FIFRA Stop Sale, Use, or Removal Order (SSURO).
• A commercial recreation specialist and commercial recreation company in Wisconsin were penalized $120,000 for FIFRA violations when they purchased unregistered pesticides to sell for use in sanitizing indoor/outdoor environments and equipment and for use in protecting aquatic environments and equipment.

TSCA violations

A remodeling material and building supplies company was fined $400,000 for violating the Toxic Substances Control Act (TSCA), specifically the Lead Renovation, Repair, and Painting regulations (RRP rule), at renovation projects its contractors performed Illinois. The violations were first discovered through customer complaints. The EPA learned the company subcontracted work to uncertified firms and did not use lead-safe work practices, perform required post-renovation cleaning, provide the EPA-required lead-based paint pamphlets to occupants, or establish records of compliance. In addition to the monetary penalty, the company will implement a comprehensive program to ensure its contractors are certified and trained to use lead-safe work practices to avoid creating lead dust during home renovation activities.

An Ohio-based interior and exterior home painting company was penalized $126,000 for RRP rule violations under TSCA. After receiving a complaint from a resident, the EPA began an investigation into the company’s renovations. In 2020, the company renovated at least 28 different single-family houses built before 1978. The EPA found the company failed to retain all records necessary to demonstrate compliance with the RRP rule, including proper safety training for staff and proper disposal of hazardous materials; certify compliance with the EPA as required; and obtain written acknowledgment from property owners of their receipt of the “Renovate Right” pamphlet.

Emphasizing clean water

The EPA cited 78 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 $639,968 and ranged from $469 to $250,000.

RCRA violations

A Texas-based printer and manufacturer of flexible packaging products was penalized $400,000 for various violations of the Resource Conservation and Recovery Act (RCRA). Following an inspection, the EPA determined the company generated hazardous wastestreams in quantities that exceeded the threshold amount of 1,000 kilograms (kg) of nonacute hazardous waste in a month. The company also failed to satisfy the conditions for an exemption that allows a large quantity generator (LQG) to accumulate hazardous waste on-site for 90 days without a permit or interim status, provided all conditions for exemption are met. Additionally, the company generated universal wastestreams in quantities that exceeded the threshold accumulation amount of 5,000 kg on-site at any one time. Finally, the company failed to timely submit the applicable notification for managing hazardous secondary material.

An oil and gas acquisition, production, and development company in Texas was fined $70,181 for RCRA violations, including failure to properly notify the EPA that it was operating as an LQG and failure to meet generator requirements.