United Parcel Service, Inc., (UPS) Settlement

(Dallas, TX  – June 16, 2021) U.S. Environmental Protection Agency (EPA) Region 6 recently announced a settlement with United Parcel Service, Inc., and TForce Freight, Inc., (together, “Respondents”), requiring Respondents to correct alleged violations of hazardous waste regulations at all facilities in Arkansas, Louisiana, Oklahoma, New Mexico, and Texas. This settlement was achieved expeditiously 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 6and will pay a civil penalty of $3.8 million.

• Overview
• Violations
• Injunctive Relief
• Pollutant Impacts
• Environmental Benefits
• Civil Penalty
• For More Information, Contact

Overview

United Parcel Service, Inc., (UPS) is an American multinational shipping and receiving company and is one of the world’s largest shipping couriers.  UPS is known for air and ground shipping services and operates 161 facilities in Texas, Arkansas, Louisiana, Oklahoma and New Mexico.  TForce Freight Inc., formerly known as UPS Ground Freight, operates a freight distribution and transportation operation at 22 facilities across the five States in Region 6.   

Some Facilities are large hubs that accommodate over the road semi-trucks and trailers and/or air freight, which are then sorted and redistributed categorically to smaller hubs for packages to make their way to designated destinations. The Facilities may generate hazardous waste when a package is damaged, as well as a result of day-to-day operations, like automotive maintenance.

Violations

Respondents’ Facilities generate hazardous waste regulated under the Resource Conservation and Recovery Act (RCRA).  The claims in the Consent Agreement and Final Order (CAFO) alleged that Respondents:

1. Failed to file with EPA or the authorized and respective State an initial or subsequent notification of its hazardous waste activities for some of its Facilities;
2. Failed to meet the requirements of a generator pertaining to training, contingency planning, and emergency preparedness, to include the making of arrangements with first responders;
3. Failed to provide land disposal restriction one-time written notices to each treatment, storage, and/or disposal facility where hazardous waste was sent, and, in other instances, the written notice that was sent did not include all applicable waste codes; 
4. Failed to submit a biennial report to EPA and authorized states for some of its Facilities; and
5. Failed to prepare accurate and proper manifests for hazardous waste.

Injunctive Relief

The injunctive relief required by the CAFO will be implemented across all 183 Facilities in Region 6 over a 24-month period and will correct non-compliances in the following areas:

Respondents will develop procedures for accurate and complete performance of: (1) Hazardous waste determinations; (2) Section 3010 RCRA Notifications; (3) Employee training; (4) Annual and biennial hazardous waste reporting; (5) Land Disposal Restriction requirements; (6) Performing the requirements of a generator of Hazardous waste, to include contingency plans and emergency procedures; and (7) Manifesting requirements.   During a 24-month period, Region 6 will be working with Respondents to ensure that their Standard Operating Procedures (SOPs) developed under this CAFO will, going forward, be appropriately designed and scalable to RCRA and Respondents operations.  Before the CAFO is terminated, the Respondents shall certify in writing their compliance with all applicable federal and State requirements of RCRA and the implementing regulations.

Pollutant Impacts

UPS Facilities may generate hazardous waste when a package is damaged, as well as during day-to-day operations such as maintenance. Without proper waste determinations and trained employees, many hazardous wastes may be disposed of in dumpsters or other municipal waste collection receptacles and deposited in the incorrect type of landfill.  Hazardous wastes destined for land disposal must abide by the land disposal restrictions and other relevant areas of RCRA.  Of the 183 facilities covered by this settlement, many were found to be operating within communities EPA identifies as disproportionately impacted by pollution. Pollutants potentially released and improperly managed included both large and small quantities of non-acute hazardous wastes and acute hazardous wastes.

Environmental Benefits

Through the training of UPS employees and better networking with the hazardous waste vendor(s), Respondents will have a better knowledge of the types and quantity of hazardous waste they generate, and with workable SOPs in place, there will be better handling and management of hazardous waste by Respondents.  The correct knowledge of the type and quantity of hazardous waste and the better handling and management of the hazardous wastes will result in fewer potential releases to the environment and the protection of employees’ health and safety.

Civil Penalty

Defendants will pay a civil penalty of $3.8M.

For More Information, Contact:

Marcia Moncrieffe
U.S. Environmental Protection Agency
1201 Elm Street
Dallas, TX 75270
214-665-7343
moncrieffe.marcia@epa.gov

Fred Deppe
U.S. Environmental Protection Agency
1201 Elm Street
Dallas, TX 75270
214-665-7591
deppe.fred@epa.gov