2020 Environmental Real Estate Issues

The record-keeping requirements of Clean Air Act (CAA) permits can be challenging; failure to comply can lead to large penalties.
EPA alleged that two facilities with common ownership failed to maintain records that demonstrated compliance, as required by their CAA permits; the company’s facilities paid a combined penalty of over $500,000 to resolve the enforcement action.

Create and Maintain Records Demonstrating Compliance
EPA alleged that one facility could not demonstrate that three of its units complied with hazardous emissions standards, could not demonstrate that two other units complied with operating standards, and could not demonstrate that it was controlling emissions from certain tanks.

The other facility allegedly failed to demonstrate compliance with temperature set points, failed to maintain records of corrective actions, and failed to report deviations from temperature set points.

The settlement also includes an agreement to modify the controls of some air pollution control equipment to eliminate bypasses and to submit a new notice to the state agency showing a larger portion of a facility as subject to certain regulatory requirements.

To see EPA’s news release announcing the settlement https://www.epa.gov/newsreleases/epa-reaches-settlement-alto-ingredients-over-clean-air-act-violations-two-ethanol