UPS settles with EPA over hazardous waste allegations

The U.S. Environmental Protection Agency announced a settlement with United Parcel Service Inc. to resolve violations of hazardous waste regulations at 1,160 facilities across 45 states and Puerto Rico.

EPA’s consent agreement and final order with UPS resolves violations of hazardous waste regulations, including failure to make land disposal determinations, and conduct proper on-site management of hazardous waste, among other requirements. The company has 36 months to come into compliance across 1,160 locations and will pay a civil penalty of $5.3 million.

UPS generates hazardous waste regulated under the Resource Conservation and Recovery Act when a package containing certain hazardous materials is damaged, as well as during day-to-day operations such as maintenance.

“This settlement is another example of EPA’s commitment to protecting communities from the dangers of hazardous waste,” Larry Starfield, EPA’s acting assistant administrator for the Office of Enforcement and Compliance Assurance, said in a statement. “Today’s action requires UPS to address RCRA violations at all of its facilities as well as implement policies that prevent future noncompliance.”

In 2021, EPA Region 6 entered into a settlement agreement with UPS for its facilities in Arkansas, Louisiana, Oklahoma, New Mexico and Texas. Following this settlement, EPA expanded its investigation into other UPS facilities across the country and identified similar claims as was alleged in the Region 6 case.

Many UPS facilities were generating and managing hazardous waste in all three generator categories without complying with all the RCRA requirements for each of the three generation categories.

Using the e-Manifest system, EPA’s national system for electronically tracking hazardous waste shipments and other reporting databases, EPA was able to determine that these additional facilities also generated, accumulated and offered for transport, treatment and/or disposal of certain hazardous waste streams, including ignitable, corrosive and reactive substances, including acute hazardous wastes.

UPS has developed and is implementing enhanced programs at its facilities in Region 6 to address noncompliance. UPS also has started similar implementations at its facilities nationwide.

Under the settlement, UPS has agreed to comply with all relevant state and federal RCRA laws and regulations with a focus on these items:

• Accurate hazardous waste determinations.
• Complete RCRA motification.
• Proper employee training.
• Timely annual and biennial hazardous waste reporting.
• Land disposal restrictions determination.
• Proper onsite management of hazardous waste.
• All applicable manifest requirements.

The signed consent agreement and final order can be found here. LL