EPA v. United Parcel Service

Case summary

U.S. Environmental Protection Agency (EPA) Region 6 recently announced a settlement with United Parcel Service, Inc., and TForce Freight, Inc., (together, ?Respondents?), alleging hazardous waste violations. The settlement requires Respondents to correct alleged violations of the Resource Conservation and Recovery Act (?RCRA?) at all facilities in Arkansas, Louisiana, Oklahoma, New Mexico, and Texas, and includes a civil penalty of $3.8 million. This settlement was achieved in less than one year in part because Respondents cooperated with EPA and agreed to create enhanced programs to address non-compliance. Respondents have 24 months to come into compliance across 183 locations in Region 6, and will work closely with EPA during this period. Respondents? facilities generate hazardous waste when a package is damaged, as well as during day-to-day operations such as maintenance. EPA became aware of Respondents? non-compliance through data mining, the practice of analyzing large databases in order to generate new information. This process identified many UPS facilities that were generating and managing hazardous waste in all three generator statuses?Conditionally Exempt Small Quantity Generators, Small Quantity Generators, and Large Quantity Generators?without providing all the required information about these facilities to EPA. Using the e-manifest system (EPA?s national system for electronically tracking hazardous waste shipments), EPA was able to cross-check Respondents? data across Region 6 states in a short period. Additionally, EPA requested the Arkansas Department of Energy and Environment?s Division of Environmental Quality (ADEQ) to inspect one of the facilities in Fort Smith, Arkansas, after which ADEQ provided EPA with the inspection reports and referred the potential violations to EPA. EPA also reviewed existing information from other states in Region 6, including state inspection reports and reporting databases. Analysis of the information gathered from these sources led EPA to determine that facilities generated, accumulated, and offered for transport, treatment, and/or disposal certain hazardous waste streams, including ignitable, corrosive, and reactive substances, including acute hazardous wastes. Under the settlement, Respondents have agreed to comply with all relevant state and federal RCRA laws and regulations, to include accurate: hazardous waste determination; notification and reporting; completion of manifest; and proper on-site management of hazardous waste. Respondents are also required to pay a civil penalty of $3.8 million.

Defendants (1)

• United Parcel ServiceNamed in settlement

Facilities (185)

• UNITED PARCEL SERVICE - EL DORADO

  HWY 82 & PONDEROSA DR, EL DORADO, AR, 71730

  Registry ID: 110007411345

• UNITED PARCEL SERVICE - HOUMA CENTER

  3311 W PARK AVE, GRAY, LA, 70359

  Registry ID: 110003259054

• UNITED PARCEL SERVICE UPS

  365 FULWILER RD, ABILENE, TX, 79603

  Registry ID: 110005015599

• UNITED PARCEL SERVICE - ASPEN

  1238 ASPEN AVE NW, ALBUQUERQUE, NM, 87104

  Registry ID: 110004281312

• UNITED PARCEL SERVICE PLEASANTON

  6751 PROCTOR STREET EXTENSION, PLEASANTON, TX, 78064

  Registry ID: 110071072917

• UNITED PARCEL SERVICE, INC. (HUGO)

  1401 E DUKE ST, HUGO, OK, 74743

  Registry ID: 110004771774

• UPS LUFKIN

  2801 S 1ST ST, LUFKIN, TX, 75901

  Registry ID: 110005013485

• TFORCE FREIGHT- BEAUMONT

  6385 TX-347, BEAUMONT, TX, 77705-7629

  Registry ID: 110041682391

• UNITED PARCEL SERVICE - DEMING

  2405 E. ATLANTIC WAY SE, DEMING, NM, 88030

  Registry ID: 110004281278

• UNITED PARCEL SERVICE

  10155 MONROE DR, DALLAS, TX, 75229

  Registry ID: 110005051736

• AUSTIN GATEWAY

  9401 CARGO AVENUE BAY F, AUSTIN, TX, 78719-2352

  Registry ID: 110005186869

• UNITED PARCEL SERVICE

  2921 INDUSTRIAL DRIVE, JONESBORO, AR, 72401

  Registry ID: 110006035753

• UNITED PARCEL SERVICE

  1201 E UPAS AVE, MCALLEN, TX, 78501

  Registry ID: 110005071894

• UNITED PARCEL SERVICE, INC. (UPS TULSA HUB)

  5805 S 118TH E AVE, TULSA, OK, 74146

  Registry ID: 110043554169

• UNITED PARCEL SERVICE

  700 ELCAN LN, BROWNSVILLE, TX, 78520

  Registry ID: 110005015580

• …and 170 more

Statutes cited

• RCRA 3010 — Notification of Hazardous Waste Activity

Enforcement conclusions (1)

• United Parcel Serviceentered 2021-06-08

  Primary law: RCRA

  Federal penalty: $3,800,000

Timeline (2 milestones)

• 2021-06-08Final Order Issued
• 2021-06-10Enforcement Action Data Entered