In the second quarter (Q2), the EPA finalized 260 settlement agreements with companies small and large across the United States. This represents a slight increase in enforcement actions—up from 239 penalties—issued in Q1 for 2023. The actions taken resulted in $6,255,945 in fines. Here are some of the highlights.

CAA violations yield biggest fine from EPA

The largest fine assessed by the EPA in Q2 was to a producer of polypropylene, polystyrene, styrene, and base chemicals in Texas for a penalty of $513,650 for violations of the Clean Air Act (CAA). After conducting an inspection in June 2022, the EPA determined 9 findings of violation of the chemical accident prevention provisions. There were additional enforcement actions taken against 53 other entities for CAA violations, with penalties that ranged from $54 to $350,000. In all, CAA violations accounted for $2,691,013 in Q2.

EPCRA violations bringing six-figure fines

The EPA continues its consistent enforcement for Emergency Planning and Community Right-to-Know Act (EPCRA) violations:

• A Texas-based polyurethane spray foam company was penalized $170,723 for failing to submit a timely Toxics Release Inventory (TRI) report for ethylene glycol for calendar years 2017–2020 and nonylphenol ethoxylates for calendar years 2019–2020. 
• A metal roofing company in Texas was fined $113,820 for EPCRA violations when it failed to submit TRI reports  at various times throughout the 2017–2021 period.
• An oilfield service company based in Texas was penalized $105,928 after the EPA discovered it had failed to submit timely reports for 14 TRI chemicals for 2 consecutive years.

RCRA violations

An Alaska-based mining company was penalized $143,124 for violating hazardous waste management and disposal requirements under the Resource Conservation and Recovery Act (RCRA). Following a 2019 inspection, the EPA determined the company failed to conduct a weekly inspection of a hazardous waste storage area; determine if waste from mining operations was hazardous; and properly label a used oil container. The company also violated RCRA when it disposed of hazardous waste containing lead without a permit.

An environmental service company that operates as a hazardous and solid waste storage facility in Missouri was fined $74,095 for RCRA violations. The company failed to comply with the terms of its hazardous waste permit, including failure to operate in a manner that minimizes releases of hazardous wastes; conduct daily inspections on hazardous waste tanks; ensure that all open-ended valves or lines at the facility were equipped with closures; and obtain a hazardous waste permit for wastes not covered by the facility’s permit.

Emphasizing clean water

The EPA cited 66 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 $804,208 and ranged from $500 to $180,000.

CERCLA violations 

An ice manufacturing facility in Michigan was fined $232,593 for violating the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and EPCRA by failing to report a release of 1,580 pounds of anhydrous ammonia resulting from a pipe failure from its facility on June 3, 2022. The company failed to provide immediate notification of the release to the National Response Center (NRC) and state and local authorities and the written follow-up notification to state and local emergency response agencies.

A Minnesota-based entertainment convention center was penalized $118,195 for CERCLA and RCRA violations after the company failed to report a July 2021 release of anhydrous ammonia. The leak was discovered in a cooling system, resulting in the evacuation of most of the center. The EPA also alleges the company failed to submit required documentation, including safety data sheets (SDSs), for sulfuric acid and a completed inventory of its on-site emergency and hazardous chemicals to the appropriate federal, state, and local authorities for 2020 and 2021.