National Enforcement and Compliance Initiative: Reducing Hazardous Air Emissions from Hazardous Waste Facilities

Problem

The Resource Conservation and Recovery Act (RCRA) requires effective control and monitoring of organic air emissions from hazardous waste treatment, storage, and disposal facilities and large quantity generators of hazardous waste. Widespread air emissions are associated with the improper management of hazardous waste. RCRA requires effective monitoring to identify and repair leaks from hazardous waste storage tanks, pipes, valves, and other equipment. Releases from hazardous waste facilities can include constituents known or suspected to cause cancer or birth defects. In addition, leaks from these facilities can contribute to non-attainment with Clean Air Act National Ambient Air Quality Standards for ozone. EPA inspections have revealed significant noncompliance and an ongoing need for additional training for both industry and regulators. 

Goal

EPA, in partnership with authorized states, focuses on identifying and addressing violations of leak detection and repair requirements for related hazardous waste treatment equipment. This initiative, begun in fiscal year (FY) 2017, ensures a nationally consistent approach of returning facilities to compliance to reduce health and environmental exposure and ensure a level playing field for regulated facilities.

Results

During the two cycles of this National Enforcement and Compliance Initiative (NECI), from FYs 2017-2023, EPA made significant progress towards advancing the goal to reduce hazardous air emissions from hazardous waste facilities as well as increase compliance at regulated facilities subject to the RCRA organic air emission standards. The following results are illustrative of the agency’s efforts: 

• Compliance Monitoring and Overburdened Communities  

  • From FYs 2017-2023, EPA conducted over 900 inspections with 48 percent of those inspections occurring in communities with potential environmental justice concerns.  
  • Of the 124 inspections completed in FY 2023, approximately 57 percent of those inspections were in communities with potential environmental justice concerns, the highest number of inspections in all seven years of this NECI.   
     

• Enforcement Results and Environmental Benefits 

  • FY 2023 was a notable year for this NECI, with $3.3 million in total penalties assessed for enforcement cases, the highest in all seven years. This achievement was due in part to the enforcement action against Eastman Chemical in West Elizabeth, Pennsylvania that resulted in $1.2 million in penalties and $3.6 million in facility compliance measures to meet the regulatory requirements. Between FY 2017 and FY 2023, cases under this NECI assessed a total of $12.8 million in penalties and approximately $8 million in complying action costs.  

  • From FY 2017-2023, cases under this NECI led to the treatment, minimization, or proper disposal of over 12 million pounds of hazardous waste and the reduction of 485,000 pounds of hazardous air pollutants.  

  • A case finalized early in FY 2024 highlights the success of this NECI over the past seven years. An enforcement action against Heritage-Crystal Clean resulted in over 16 million pounds of hazardous waste being treated, minimized, or properly disposed of, the most significant environmental benefit result in this NECI’s history.   

• EPA Support to Build State Technical Capacity in RCRA Air Emission Requirements 

  • In FY 2023, EPA provided in-person NECI training to the states of Massachusetts and South Carolina. Trainees, totaling 130 participants, included inspectors, permit writers, and other environmental personnel from both state and EPA regional offices. The training included a one-day classroom training along with on-site facility visits with hands-on monitoring practice during subsequent training days.  

  • EPA completed a multi-day inspection in Ohio to help train the state inspectors assigned to spearhead RCRA organic air emissions oversight, as the state pursues federal authorization to enforce and oversee compliance of these regulations.   

• Compliance Monitoring Activities and Addressing Actions  

Map of Compliance Monitoring Activities and Addressing Actions