EPA v. United Parcel Service, Inc.

Case summary

On October 17, 2022, the Environmental Appeals Board ratified a Consent Agreement ( CA ) between the Environmental Protection Agency (the EPA ) and United Parcel Services, Inc. ( UPS ). The agreement followed a year-long negotiation between EPA and UPS, led by Region 6, and supported by EPA HQs. The CA resolves violations of hazardous waste regulations at 1,160 facilities across forty-five (45) states and the territory of Puerto Rico. The model for the negotiation and settlement mirrored the R6 settlement for similar claims alleged by R6 in a Consent Agreement and Final Order, which was filed in 2021. Respondent's facilities generate hazardous waste regulated under the Resource Conservation and Recovery Act ( RCRA ) when a package containing certain hazardous materials is damaged, as well as during day-to-day operations such as maintenance. EPA expanded the R6 investigation and through data mining (using the e-Manifest system and other reporting databases) EPA identified many UPS facilities that were generating and managing hazardous waste in all three generator categories without providing all the required information about these facilities to EPA and/or the respective states. From the analysis of the information gathered from the data mining sources, EPA determined that Respondent generated, accumulated, and offered for transport, treatment, and/or disposal from its facilities certain hazardous waste streams, including ignitable, corrosive, and reactive substances, including acute hazardous wastes without complying with RCRA and the regulations promulgated for generators of hazardous waste. Within 30 days of the effective date of the settlement, Respondent will pay $5,323,008.00 in civil penalty and Respondent has 36 months to come into compliance. Under the settlement, Respondent has agreed to: 1) resolve the violations alleged in the CA; 2) perform accurate hazardous waste determinations; 3) provide timely notifications and reports to the respective states and/or EPA; 4) complete its manifests accurately; and 5) conduct proper on-site management of hazardous waste. As part of the settlement, Respondent will implement an electronic tracking system to ensure it is accurately and timely tracking hazardous waste at the points of waste generation. Further, Respondent will ensure the proper management of the waste on site before the waste is transported to a licensed treatment, storage, and disposal facility.

Defendants (1)

• United Parcel Service, Inc.Named in complaintNamed in settlement

Facilities (860)

• UNITED PARCEL SERVICE-HENDERSONVILLE

  404 DUNCAN HILL ROAD, HENDERSONVILLE, NC, 28792-2717

  Registry ID: 110009854997

• UNITED PARCEL SERVICE, INC - KYPIK

  719 ISLAND CREEK RD, PIKEVILLE, KY, 41501

  Registry ID: 110006748118

• UNITED PARCEL SERVICE - PLATTSBURGH NYPLB

  214 BANKER RD, PLATTSBURGH, NY, 12901

  Registry ID: 110009451039

• UPS LANCASTER

  1155 ENTERPRISE RD, EAST PETERSBURG, PA, 17520

  Registry ID: 110001068246

• UNITED PARCEL SERVICE INC - MILWAUKEE GATEWAY

  351 AIR CARGO WAY, MILWAUKEE, WI, 53207

  Registry ID: 110005516879

• UPS - COLBY

  14650 W SANTA FE TRAIL DR, LENEXA, KS, 66215-2017

  Registry ID: 110003175233

• UPS-MADISON HEIGHTS

  1400 E WHITCOMB, MADISON HEIGHTS, MI, 48071-1493

  Registry ID: 110003678725

• UNITED PARCEL SERVICE

  1306 W MAIN, BOWLING GREEN, MO, 63334-1257

  Registry ID: 110003981987

• UNITED PARCEL SERVICE, INC.

  1391 SPRUCE, RIVERSIDE, CA, 92507-2495

  Registry ID: 110002732026

• UNITED PARCEL SERVICE - DURANGO

  116 GIRARD ST, DURANGO, CO, 81301

  Registry ID: 110002960074

• UNITED PARCEL SERVICE - CAELC

  160 WEST MAIN STREET, EL CENTRO, CA, 92243

  Registry ID: 110065133563

• UNITED PARCEL SERVICE INC

  1101 GENERAL CUSTER ROAD - BOX 535, HAYS, KS, 67601

  Registry ID: 110017544512

• UNITED PARCEL SERVICE, INC. - HONOLULU GATEWAY

  128 MOKUEA PLACE, HONOLULU, HI, 96819-1848

  Registry ID: 110020728774

• UNITED PARCEL SERVICE - BOURBON

  12361 ELM RD, BOURBON, IN, 46504

  Registry ID: 110003132011

• UNITED PARCEL SERVICE INC - RIVIERA BEACH

  2001 AVE P, RIVIERA BEACH, FL, 33404-5340

  Registry ID: 110005596195

• …and 845 more

Statutes cited

• RCRA 3010 — Notification of Hazardous Waste Activity

Enforcement conclusions (1)

• United Parcel Service, Inc.entered 2022-10-17

  Primary law: RCRA

  Federal penalty: $5,300,000

Timeline (2 milestones)

• 2022-10-17Final Order Issued
• 2023-01-06Enforcement Action Data Entered