EPA v. TForce Freight, Inc.

Case summary

On December 12, 2022, the Environmental Appeals Board ratified a Consent Agreement ( CA ) between the Environmental Protection Agency (the EPA ) and TForce Freight Inc. ( TFI ). The agreement followed a year-long negotiation between EPA and TFI, led by Region 6, and supported from EPA HQs. The CA resolves violations of hazardous waste regulations at 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 R6 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 TFI 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 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 $$860,400.00 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)

• TForce Freight, Inc.Named in settlement

Facilities (183)

• TFORCE FREIGHT

  1680 HUBBARD AVE, DECATUR, IL, 62526

  Registry ID: 110005944791

• FEDEX FREIGHT ALT

  342 STOKE PARK RD, BETHLEHEM, PA, 18017

  Registry ID: 110040173353

• TFORCE FREIGHT - APPLETON

  1700 TOWER DR, KAUKAUNA, WI, 54130

  Registry ID: 110009518824

• TFORCE FREIGHT - CHARLESTON

  4150 AZALEA DR, CHARLESTON, SC, 29405

  Registry ID: 110035430600

• TFORCE FREIGHT - SOUTH HOLLAND

  601 W 172ND ST, SOUTH HOLLAND, IL, 60473

  Registry ID: 110071228604

• UPS FREIGHT - MARIETTA

  8550 COBB INTERNATIONAL BLVD NW, KENNESAW, GA, 30152

  Registry ID: 110031366331

• TFORCE FREIGHT INC. - MOBILE

  3021 ANTON STREET, MOBILE, AL, 36616

  Registry ID: 110006652443

• TFORCE FREIGHT - FONTANA

  9880 BANANA AVE, FONTANA, CA, 92335

  Registry ID: 110043769240

• TFORCE FREIGHT - SALT LAKE CITY

  2900 W CALIFORNIA AVE, SALT LAKE CITY, UT, 84104

  Registry ID: 110005195966

• TFORCE FREIGHT SPRINGFIELD

  2545 N LECOMPTE RD, SPRINGFIELD, MO, 65803

  Registry ID: 110015859622

• TFORCE FREIGHT - SAVANNAH

  1503 LISSNER AVE, SAVANNAH, GA, 31405

  Registry ID: 110031366340

• SUBURBAN PROPANE- BATAVIA

  8412 SEVEN SPRINGS ROAD, BATAVIA, NY, 14020

  Registry ID: 110000530346

• TFORCE FREIGHT ASHEVILLE

  74 SWEETEN CREEK RD, ASHEVILLE, NC, 28813

  Registry ID: 110009854666

• TFORCE FREIGHT INC

  15757 INDUSTRIAL PKWY, CLEVELAND, OH, 44135

  Registry ID: 110031388460

• TFORCE FREIGHT

  7805 31ST STREET WEST, ROCK ISLAND, IL, 61201-7401

  Registry ID: 110006798484

• …and 168 more

Statutes cited

• RCRA 3010 — Notification of Hazardous Waste Activity

Enforcement conclusions (1)

• TForce Freight, Inc.entered 2022-12-12

  Primary law: RCRA

  Federal penalty: $860,400

Timeline (2 milestones)

• 2022-12-12Final Order Issued
• 2023-01-06Enforcement Action Data Entered