Civil Enforcement FY 2023 Annual Results
EPA enforcement staff work diligently to protect human health and the environment, including working to mitigate the causes and effects of climate change, particularly for residents in communities that are overburdened by pollution. In FY 2023, the majority of inspections under EPA’s civil enforcement program and over half of its enforcement cases focused on communities overburdened by pollution and with potential environmental justice (EJ) concerns.
EPA completed 1,791 enforcement cases, the highest number since FY 2018, and initiated nearly the same number of new cases. EPA's success in resolving noncompliance and reaching its environmental protection goals included successful collaboration with the Department of Justice and state partners in many of these cases.
The 1,791 cases completed in FY 2023 resulted from violations and noncompliance with over a dozen environmental statutes, resulting in the following achievements:
- Commitments to reduce, treat, or eliminate over 73 million pounds of pollution.
- Proper treatment, minimization, or disposal of over 1.14 billion pounds of hazardous and non-hazardous waste.
- Commitments of over $3.8 billion to return facilities to compliance.
- Assessment of over $167 million in penalties.
- Conclusion of 77 judicial actions and continued oversight of nearly 400 judicial consent decrees.
- 44 settlements that included one or more supplemental environmental projects (SEP), bringing projects valued at over $13 million to communities and the environment.
Highlights of FY 2023 Significant Civil Enforcement Actions by Statute
Clean Air Act
The Williams Companies, Inc., MPLX LP, WES DJ Gathering LLC – Multiple state locations
On April 20, 2023, EPA and DOJ, in partnership with the states of Alabama, Colorado, Louisiana, North Dakota, West Virginia, Wyoming, and the Southern Ute Tribe, settled three Clean Air Act (CAA) cases with multiple companies to adopt innovative emissions control standards and help increase additional emissions reductions across the industry. The three companies – The Williams Companies, Inc., MPLX LP, and WES DJ Gathering LLC (formerly known as Kerr-McGee Gathering LLC) operate gas processing plants and will pay a combined $9.25 million in penalties and spend approximately $16 million to install and operate new technologies, as well as improve and expand existing control techniques to minimize emissions.
Additionally, the settlements will reduce thousands of tons of methane emissions, a greenhouse pollutant that is critical to EPA’s strategy for tackling the climate crisis. Along with helping to protect the public health in the communities where these facilities operate, the environmental benefits resulting from these three CAA agreements will reduce thousands of tons of criteria pollutants and significant amounts of hazardous air pollutants, which is the equivalent of the annual pollution from 11,267 gasoline-powered passenger cars.
- Read more: EPA and Justice Department Announce Clean Air Act Settlements with Three Natural Gas Processors
Matador Production Company – New Mexico
On March 27, 2023, the Matador Production Company reached a settlement with EPA and the state of New Mexico’s Environment Department (NMED) to pay a penalty and ensure compliance with both state and federal clean air regulations at all 239 of its New Mexico oil and gas well pads. Under the settlement, Matador will spend at least $2.5 million to implement extensive design, operation, maintenance and monitoring improvements, and pay a civil penalty of $1.15 million in addition to completing a supplemental environmental project involving diesel engine replacements.
Matador’s noncompliance with the CAA resulted from failure to:
- Capture and control air emissions from storage vessels;
- Comply with inspection, monitoring, and recordkeeping requirements; and
- Obtain required state and federal permits at 25 of its oil and gas production operations in New Mexico.
Matador’s future compliance with the CAA requirements will result in a reduction of more than 16,000 tons of air pollutants. These pollutants are key components in the formation of ground-level ozone, a pollutant that irritates the lungs, exacerbates diseases such as asthma, and can increase susceptibility to respiratory illnesses, such as pneumonia and bronchitis. The settlement will also result in significant reductions of greenhouse gas emissions, including methane, by more than 31,000 tons. These greenhouse gas reductions have a similar effect to eliminating the annual emissions of 6,060 gas-powered vehicles.
BP Whiting
Under a May 17, 2023, CAA settlement agreement with BP Products North America Inc., (BPP), a subsidiary of BP p.l.c. related to national emission standard violations at its Whiting Refinery in Whiting , Indiana, BP will pay a $40 million civil penalty and commit to achieving emission reductions through capital investments estimated at $197 million. The settlement will result in reductions of benzene and other volatile organic compounds equivalent at the Whiting Refinery, which is surrounded by communities with potential EJ concerns. The $40 million penalty is the largest civil penalty secured for a stationary source CAA settlement. The settlement also includes a diesel emissions reduction SEP that requires BP to spend $5 million to replace diesel transportation vehicles with cleaner fuel vehicles (e.g., electric, clean diesel, propane, compressed natural gas) in the surrounding communities of Hammond, East Chicago, Whiting, and Gary, Indiana.
- Read more: 2023 BP Products Clean Air Act Benzene and Volatile Organic Compounds Settlement Information Sheet
CAA - Greenhouse Gas Reporting Program
Artsen Chemical America, Harp USA, and IGas Companies
To combat climate change, the civil enforcement program completed several enforcement actions that support national and international goals to reduce the use of hydrofluorocarbons (HFCs), which are commonly used in refrigeration and air conditioning equipment. HFCs are potent greenhouse gases that can have impacts on the climate hundreds to thousands of times greater than the same amount of carbon dioxide (CO2). These civil penalty actions include three landmark settlements with HFC importers who failed to report their imported quantities in violation of the Clean Air Act’s Greenhouse Gas Reporting Program: Artsen Chemical America, LLC ($247,601 penalty), Harp USA, Inc. ($275,000 penalty), and the IGas Companies ($382,473 penalty). Accurate data and reporting of greenhouse gas (GHG) emissions are critical to effectively tailoring EPA’s efforts to tackle the climate crisis.
Nationwide Cases to Reduce Chemical Accident Risks
In FY 2023 EPA reached settlement on two nationwide cases under Clean Air Act (CAA) Section 112(r), a law designed to help prevent chemical accidents at facilities using substances that pose the greatest risk of harm from accidental releases.
Anheuser-Busch, LLC – Multiple state locations
On June 2, 2023, EPA and Anheuser-Busch, LLC reached settlement to improve safety at its 11 flagship breweries nationwide and provide increased
protection to approximately 172,000 people in the communities surrounding Anheuser-Busch’s facilities located in Merrimack, NH; Fort Collins, CO; and Fairfield, CA. Under the settlement, Anheuser-Busch must hire an outside, independent expert to conduct a safety review at each of its 11 breweries that use anhydrous ammonia, which is a refrigerant that is a significant health hazard because it is harmful to skin, eyes, and lungs. Anheuser-Busch must also develop and implement corrective action plans based on those reviews. Also, the company will pay a $537,000 penalty as part of the settlement.
Univar Solutions USA, Inc. – Multiple state locations
On December 31, 2022, EPA and Univar Solutions USA, Inc., reached agreement to resolve CAA and Emergency Planning and Community Right-to-Know
Act (EPCRA) violations of the industrial accident-prevention requirements at five facilities located in Rhode Island, Pennsylvania, and Colorado, four of which are in overburdened communities with potential EJ concerns. Univar is the largest commodity and specialty chemical and ingredient distributer in the United States. with several hundred chemical distributions across the country, handling hazardous or regulated chemicals, such as anhydrous ammonia, chlorine, and formaldehyde. Univar will pay a $600,000 penalty and implement SEPs to provide emergency response equipment to two fire departments.
Multi-media (Air and Hazardous Waste)
Denka Performance Elastomer LLC – LaPlace, Louisiana
On February 28, 2023, EPA and DOJ filed a complaint to Denka Performance Elastomer (“Denka”) regarding chloroprene emissions, a carcinogenic air pollutant, from its neoprene manufacturing facility in LaPlace, Louisiana. The Clean Air Act emergency action and motion for preliminary injunction requires Denka to significantly reduce the emissions at the facility, which is located in a community overburdened by pollution with potential EJ concerns. This action is a fulfillment of EPA Administrator Regan’s pledge to the community to take strong action on Denka’s harmful chloroprene pollution during his Journey to Justice Tour.
-
EPA Administrator Regan meeting with residents in New Orleans during the Journey to Justice tour.
-
EPA Administrator Regan meeting with residents in New Orleans during the Journey to Justice tour.
Additionally, to address the waste management practices at the plant, Denka and EPA agreed to a Resource Conservation and Recovery Act (RCRA) consent Agreement on December 20, 2022, for the company’s failure to make a hazardous waste determination for the Poly Kettle Strainer waste as required by RCRA’s hazardous waste regulations. Denka will sample and test this waste stream, in accordance with mutually agreed upon procedures, to determine if it is subject to further hazardous waste regulation.
Additional information on these two actions: CAA Chloroprene emissions | RCRA Hazardous Waste Determination.
Clean Water Act
Two Medicine Water Company – Blackfeet Indian Reservation, Montana
On December 20, 2022, EPA settled a Clean Water Act (CWA) case with the Two Medicine Water Company, a tribal government utility, in which the Company paid a $40,000 penalty for unpermitted discharges and past violations of water discharge permits at the Browning Lagoon Wastewater Treatment Facility and Two Medicine Water Treatment Plant on the Blackfeet Indian Reservation in Montana. The facilities have a combined service population of approximately 5,750. These discharges impacted tributaries of both Willow Creek and Two Medicine River. EPA continues to initiate compliance assurance and enforcement activities to promote a return to compliance and address violations in Indian country.
-
Effluent flow from pipes where samples were collected.
-
Northeast Pond at a Two Medicine Waters facility.
ABF Freight System, Inc – Nationwide
On September 14, 2023, ABF Freight System, Inc. (ABF) agreed to a settlement with EPA and the states of Maryland, Louisiana, and Nevada to address CWA violations at ABF facilities across the country. In addition to agreeing to pay a civil penalty of $535,000, ABF will perform various corporate-wide measures designed to achieve and maintain compliance with the CWA going forward. Key corporate-wide changes include developing an environmental stormwater management strategy, performing management oversight inspections, and developing and maintaining an annual training program. ABF owns or operates over 200 transportation facilities located across the country. Between October 2016 and April 2019, EPA and the three states conducted 15 inspections of ABF’s facilities and observed noncompliance with applicable stormwater regulations at both permitted facilities and no exposure certification facilities that lead to this nationwide enforcement action.
-
Petroleum product stains and residue due to vehicle maintenance which will flow into the nearby storm drains.
-
Trash and petroleum residue can be swept into the swale by stormwater.
Resources Conservation and Recovery Act
PCS Nitrogen Fertilizer, L.P. – Geismar, Louisiana
On October 17, 2022, EPA, DOJ, and the state of Louisiana’s Department of Environmental Quality reached agreement with PCS Nitrogen Fertilizer, L.P. under the Resource Conservation and Recovery Act (RCRA) for their facility in Geismar, Louisiana. PCS Nitrogen failed to properly identify and manage certain waste streams as hazardous wastes at a former fertilizer manufacturing facility. The company will pay a $1,510,023 civil penalty and treat over 1 billion pounds of hazardous waste over several years. The settlement also regulates the long-term closure of the facility to ensure it is protective of the environment, ensuring protection of sensitive wetlands and the Mississippi River. This is one of thirteen settlements with phosphate fertilizer facilities nationwide focused on brining operations into compliance with environmental laws.