In the first quarter (Q1), the EPA finalized 235 settlement agreements with companies small and large across the United States. This represents a slight increase in enforcement actions—up from 206 penalties—issued in Q4 for 2023. The actions taken resulted in $8,002,246 in fines. Here are some of the highlights.

RCRA violations yield biggest fine from EPA

The largest fine assessed by the EPA in Q1 was to a short-line railroad in Arkansas for a penalty of $910,895 for violations of the Resource Conservation and Recovery Act (RCRA). During an investigation, EPA inspectors found that the company illegally stored 750,000 gallons of the hazardous material o-chlorotoluene in 34 unsecured and unsupervised railroad cars near homes, a school, and waterways for over 2 years. No evidence of leaks or exposure was found, and the EPA worked to ensure the material was removed and shipped to an appropriate disposal facility.

There were additional enforcement actions taken against 41 other entities for RCRA violations, with penalties that ranged from $733 to $387,000. In all, RCRA violations accounted for $2,351,241 in Q1.

CAA violations bringing six-figure fines

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

• A truck repair shop in Nebraska was penalized $672,893 after EPA inspectors observed disabled exhaust aftertreatment systems and several suspected defeat devices in the company’s warehouse and storeroom. Specifically, the EPA found that in at least 109 instances, the company knowingly removed or rendered inoperative devices or elements of design installed in CAA-compliant motor vehicles or engines. Additionally, in at least 273 instances, the company sold, or offered to sell, and/or installed parts or components that it knew or should have known were being offered for sale or installed to bypass, defeat, or render inoperative devices or elements of design installed in CAA-compliant motor vehicles or engines.
• A Minnesota truck manufacturer was fined $450,000 and entered into a settlement agreement with the EPA to resolve CAA violations related to defeat devices. In 2022, the EPA issued a Finding of Violation (FOV) against the company after an investigation found that between January 1, 2016, and June 30, 2018, the company manufactured and/or sold at least 516 defeat devices. As part of the agreement, the company must not manufacture, sell, or install any defeat devices and no longer provide any technical support, maintenance, repair, or information pertaining to defeat devices. The company also agreed to permanently destroy all defeat devices remaining in inventory and/or possession.

FIFRA violations

A pallet manufacturer in Virginia was penalized $120,000 to resolve violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). In December 2019, the EPA received a tip concerning the sale and distribution of pesticides at the facility. An investigation found that the company sold and distributed Woodlock BioShield with pesticidal claims without the product being registered under FIFRA, as well as with labels and labeling lacking required information and containing false and misleading claims.

A Florida-based chemical product manufacturer was fined $98,600 for violating FIFRA. During an inspection at the facility, the EPA found that the company was distributing and selling unregistered pesticides on one or more occasions between February and April 2022.

Emphasizing clean water

The EPA cited 72 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 $979,802 and ranged from $725 to $275,000.

TSCA violations 

A fertilizer supplier in Florida was penalized $664,267 for violations of chemical data reporting regulations under the Toxic Substances Control Act (TSCA). Based on review of the company’s records, the EPA found that the company violated TSCA when it failed to submit a 2020 Chemical Data Reporting (CDR) report for 32 chemical substances.
A Minnesota-based painting and staining services company was fined $88,827 for TSCA violations related to lead regulations.