EPA v. BLOOM ENERGY CORPORATION

Case summary

On May 12, 2020, the EAB issued a Final Order ratifying the Consent Agreement that EPA entered into with Bloom Energy Corporation, to settle violations of RCRA Subtitle C at three of Bloom's customer facilities. RCRA is designed to protect human health and the environment by providing for the safe management of hazardous wastes. The settlement will ensure that, in the future, Bloom will properly manage hazardous waste in desulfurization canisters shipped from its customer facilities. Bloom has developed fuel cell technology to electrochemically convert natural gas into electricity. Bloom has installed this technology at over 200 customer facilities in the US. Bloom's activities are regulated under RCRA because Bloom generates hazardous waste, in the form of benzene, a known human carcinogen, at its customer facilities. Benzene is adsorbed from incoming gas and stored in filters, known as Desulf Canisters, which are removed when spent and transported offsite for further processing. The alleged violations involved shipment of hazardous waste benzene from Bloom customer locations in Philadelphia, PA, Fort Meade, MD and Windsor Mill, MD. EPA cited Bloom for arranging four shipments of hazardous waste without first preparing required manifests. (The customers were not cited by EPA.) In addition, EPA cited Bloom for failing to adequately respond to EPA's requests for information. To settle the enforcement action, Bloom has agreed to pay a $210,000 penalty. In addition, Bloom has agreed to conduct a nationwide compliance audit of past waste shipments sent from customer facilities since September 2015. Violations identified through the audit will be subject to agreed-upon penalties. The Consent Agreement and Final Order initiate and resolve this enforcement action. EPA informed PADEP and MDE of the action and received no objection.

Defendants (1)

• BLOOM ENERGY CORPORATIONNamed in complaintNamed in settlement

Facilities (4)

• BLOOM ENERGY CORPORATION

  WINDSOR BLVD, WINDOSR, MD, 21244

  Registry ID: 110070814883

• BLOOM ENERGY CORPORATION

  SAVAGE ROAD, FORT MEADE, MD, 20755

  Registry ID: 110070814882

• BLOOM ENERGY MANUFACTURING CENTER DELAWARE

  200 CHRISTINA PARKWAY, NEWARK, DE, 19713

  Registry ID: 110063754744

• BLOOM ENERGY CORPORATION

  S. BROAD ST., PHILADELPHIA, PA, 19112

  Registry ID: 110070814881

Statutes cited

• RCRA 3007 — Record keeping, Inspection, Information Request
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• BLOOM ENERGY CORPORATIONentered 2020-05-12

  Primary law: RCRA

  Federal penalty: $210,000

Timeline (4 milestones)

• 2020-05-12Complaint Filed/Proposed Order
• 2020-05-12Final Order Issued
• 2020-06-09Enforcement Action Data Entered
• 2020-12-30Enforcement Action Closed