Environmental regulatory activity in the United States continues to be vigorous – to say the least.  Where the previous administration focused on aggressive environmental-regulatory reduction (receiving both praise and criticism), the current administration has taken a 180-degree different approach, substantially increasing environmental regulations and policies.

Environmental Regulatory Actions

Some of the environmental regulatory activity we have covered in recent blogs include:

“Potential Immense Impact of PFOA and PFOS as CERCLA Hazardous Substances”

“Conflicting Views of ESG and Financial Institutions”

“USEPA Set Out Steps to Enforce Environmental Justice (EJ) via Criminal Enforcement”

We are also awaiting the all-important waters of the United States (WOTUS) definition.

More Regulatory Actions Queued Up

There is no indication that the aggressive approach to environmental regulatory activity will change (not factoring in the upcoming election results).  It appears that environmental regulations are reaching beyond the “typical” smoke stack and manufacturing industries.  For example, as reported by the law firm, Arent Fox Schiff, “In a new report issued September 8, the US Office of Science and Technology Policy (OSTP) outlines the environmental and energy impacts of cryptocurrencies and digital assets and calls for the development of federal and state regulations to mitigate those impacts going forward.”

Further, in a recent article in Bloomberg Law (“EPA Environmental Justice Move Has Companies Bracing for Impact”) they open with “The Environmental Protection Agency’s launch of a new national environmental justice arm has left industry attorneys waiting to see how far the agency will go—and how fast.”  As we covered in the above-referenced blog, EJ has played a prominent role in the Biden Administration and has been the basis for permit denials and enforcement activity.  Regulatory uncertainty is a significant concern to businesses and communities with regard to permit renewals, developing new facilities, and enforcement.

Below we share a couple of recent environmental enforcement cases outside of the typical smoke stack industry that have been in the news.

Environmental Enforcement at UPS

United Parcel Service (UPS) recently resolved outstanding environmental violations with the US Environmental Protection Agency (EPA).  While the violation did not include a release to the environment, the fine was, nonetheless, seven figures.  UPS has 36 months to bring their 1,160 locations into compliance.  The civil penalty totaled $5,323,008.

The EPA stated in a press release that a consent agreement and final order with UPS resolves “violations of hazardous waste regulations, including failure to make land disposal determinations, and conduct proper on-site management of hazardous waste, among other requirements.”  The press release states that UPS generates hazardous waste regulated under the Resource Conservation and Recovery Act (RCRA).  The environmental management issues are associated with packages containing certain hazardous materials that get damaged.  The EPA also cited issues associated with day-to-day operations such as maintenance.

Under the settlement, UPS has agreed to comply with all relevant state and federal RCRA laws and regulations with a focus on (1) accurate hazardous waste determinations, (2) complete RCRA Notification, (3) proper employee training, (4) timely annual and biennial hazardous waste reporting, (5) Land Disposal Restrictions determination, (6) proper on-site management of hazardous waste, and (7) all applicable manifest requirements.

A UPS Spokesperson stated, “As an industry leader in environmental sustainability, UPS takes its commitment and obligations in this area very seriously.  We will continue to work with agencies and authorities around the world to ensure the safety of our network and the well-being of our employees and the customers and communities we serve.”

Environmental Enforcement at Safeway

There was another instance of enforcement at a non-manufacturing company and, like the UPS enforcement action, it did not involve a release to the environment.  The focus of enforcement in this case involved gasoline stations at Safeway Grocery Stores in California.  The Attorney General’s (AG’s) office stated that an investigation into Safeway’s gas stations (branded as Safeway and Vons fuel stations) found a “recurring failure to install, implement, and operate various spill prevention and safety measures since at least March 2015.”

The Press Release from the AG’s office in California announced an $8 million settlement with Safeway.  The settlement resolves “allegations that the company violated state environmental laws while operating underground storage tank systems at its 71 gas stations across California.”

As we have in the past, we will continue to provide updates on environmental regulatory activity in our blogs and alerts.  If you need help with an environmental matter, contact us at info@dragun.com, 248-932-0228, or use our online contact form.

This blog was drafted by Alan Hahn. Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for 45 years.  He has written hundreds of blogs and articles. His published work includes Michigan Lawyers Weekly, Detroiter, Michigan Forward, GreenStone Partners, Manure Manager Magazine, Progressive Dairy, and HazMat Magazine.

The blog was reviewed by Jeffrey Bolin, M.S.  Jeff is a partner and senior scientist at Dragun Corporation.  He is a published author, frequent speaker, and expert witness.  His expertise in environmental due diligence, PFAS, vapor intrusion, and site assessments has led to projects in the US, Canada, and overseas. See Jeff’s Bio.  

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