In the third quarter (Q3), the EPA finalized 515 settlement agreements with companies small and large across the United States. This represents a significant increase in enforcement actions—up from 260 penalties—issued in Q2 for 2023. The actions taken resulted in $14,629,489 in fines. Here are some of the highlights.

RCRA violations yield biggest fine from EPA

The largest fine assessed by the EPA in Q3 was to a trailer manufacturer for a penalty of $1,118,000 for violations of the Resource Conservation and Recovery Act (RCRA). The EPA found that the company failed to meet numerous regulatory requirements for large quantity generators (LQGs) of hazardous waste. Specifically, the facility failed to keep hazardous waste containers closed; perform an adequate hazardous waste determination; properly train its employees; inspect hazardous waste storage areas; prepare a complete contingency plan; coordinate with local emergency responders; failed to notify the EPA of its current generator status; and file the required biennial reports. There were additional enforcement actions taken against 57 other entities for RCRA violations, with penalties that ranged from $733 to $780,000. In all, RCRA violations accounted for $4,263,113 in Q3.

CAA violations bringing six-figure fines

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

• An Illinois-based alcohol manufacturer was penalized $308,374 for violating the Maximum Achievable Control Technology (MACT) standard of the CAA. The EPA found various compliance issues at its wet scrubbers, including emissions bypassing the control equipment.
• A chemical manufacturer in Illinois was fined $300,000 to resolve violations regarding the New Source Performance Standards (NSPS) for Volatile Organic Liquid (VOL) storage vessels. The EPA found that the company failed to equip its vinyl acetate storage vessel with the proper control systems.
• A Wisconsin-based paper mill was penalized $271,377 for violating Wisconsin’s state implementation plan (SIP) and the facility’s Title V permit. The EPA found that the facility exceeded opacity limits at the Recovery Furnace 1 and 3 stack, the Recovery Furnace 2 stack, and the Power Boiler 1 and 2 stacks. The company also failed to take required opacity readings.

TSCA violations

A Georgia-based food manufacturer was fined $333,354 for various violations of the Toxic Substances Control Act (TSCA). The EPA conducted an investigation at the facility, including a records review, and found that the company failed to submit a premanufacture notice (PMN) at least 90 days before manufacturing a new chemical substance and submit a TSCA export notice to the EPA for a chemical on the date of export.

A manufacturer of industrial ceramics, solar power-generating systems, and telecommunications equipment in California was penalized $105,937 for failing to submit PMNs at least 90 days before importing chemicals. The EPA also found that the company had manufactured polymer chemical substances between the calendar years 2018 and 2021 and had failed to comply with the recordkeeping regulations. Additionally, the company failed to submit proper certifications before importing chemical substances.

Emphasizing clean water

The EPA cited 155 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 $2,316,813 and ranged from $500 to $240,000.

EPCRA violations 

A mining and metal company in Rhode Island was fined $108,900 for CAA and Emergency Planning and Community Right-to-Know Act (EPCRA) violations arising from its storage and use of anhydrous ammonia at its jewelry manufacturing facility. The company violated the CAA by failing to conduct a process hazard review for the ammonia used at its facility and violated EPCRA by failing to timely submit and certify Toxics Release Inventory (TRI) reporting forms for anhydrous ammonia used and processed at the facility in calendar years 2018, 2019, and 2020.

An Arkansas-based rubber band manufacturer was penalized $132,106 for EPCRA violations. After reviewing several EPA databases for TRI reporting, it was discovered the company had failed to report various TRI chemicals during the time period between 2017 and 2021.