Washington, D.C. – March 20, 2023 – A significant legal development has emerged in the transportation sector as the U.S. Environmental Protection Agency (EPA) and the Department of Justice (DOJ) have reached a settlement agreement with ABF Freight System, Inc. (Abf Transportation), a prominent national freight carrier. This settlement addresses alleged violations of the Clean Water Act (CWA) across numerous ABF Transportation facilities throughout the United States. The violations, some of which were self-reported by ABF Transportation and others discovered during inspections by the EPA and state environmental agencies, highlight the critical importance of environmental compliance within the transportation industry. The agreement mandates that ABF Transportation pay a civil penalty of $535,000 and implement comprehensive injunctive relief measures aimed at achieving and sustaining adherence to stormwater regulations at all of its transportation facilities nationwide. This proposed settlement is now subject to a 30-day public comment period before finalization.
Understanding ABF Transportation and the Allegations
ABF Transportation, headquartered in Fort Smith, Arkansas, operates as a subsidiary of ArcBest Corporation and stands as a major player in the North American trucking and transportation landscape. Categorized under Standard Industrial Classification System (SIC) code 4213, representing Motor Freight Transportation, ABF Transportation’s facilities are integral hubs for freight loading, unloading, and various industrial activities, including vehicle maintenance and equipment cleaning. Facilities within this SIC code fall under Sector P, concerning Land Transportation and Warehousing, of the federal industrial stormwater multi-sector general permit. Common pollutants associated with such transportation facilities, which pose potential risks to water quality, encompass fuels, oils, grease, vehicle fluid leaks and spills, solvents, heavy metals, detergents, and total suspended solids. The consent decree encompasses all transportation facilities owned and operated by ABF Transportation during the agreement’s duration, which currently includes over 200 facilities nationwide.
Details of the Clean Water Act Violations
In a proactive move, ABF Transportation conducted internal stormwater compliance audits in 2013 and 2014 across the majority of its facilities. These audits revealed widespread non-compliance issues related to Clean Water Act stormwater requirements. The identified non-compliance included instances of facilities discharging stormwater associated with industrial activities into U.S. waters without proper permits, as well as facilities with existing CWA permits failing to meet permit conditions. These failures encompassed inadequate sampling procedures, reporting discrepancies, and recordkeeping deficiencies. In April 2015, ABF Transportation voluntarily disclosed these non-compliance findings to the EPA, demonstrating an initial step towards addressing the issues.
Following this self-disclosure and between October 2016 and April 2019, the EPA, alongside state environmental agencies from Louisiana, Maryland, and Nevada, conducted 15 inspections at ABF Transportation facilities. These inspections spanned facilities located in Alabama, Georgia, Illinois, Indiana, Louisiana, Maryland, Nevada, and Ohio. The inspections uncovered compliance shortcomings at both permitted facilities and those operating under No Exposure Certificates (NEC), as per 40 C.F.R. § 122.26 or equivalent state regulations. These shortcomings included:
- Inadequate implementation of Best Management Practices (BMPs): This included improper outdoor storage of chemicals, oil, grease, and other vehicle fluids; insufficient housekeeping practices; improper storage of road salt; uncontained stockpiles of materials; and washing of truck windshields without appropriate BMPs in place.
- Outdated and Insufficient Stormwater Pollution Prevention Plans (SWPPPs): SWPPPs failed to meet all permit requirements, including not adequately identifying and addressing all potential pollutant sources.
- Improper Visual Monitoring: Deficiencies in the required visual monitoring of stormwater discharges.
- Inadequate Inspections: Insufficient frequency and thoroughness of facility inspections to ensure compliance.
- Insufficient Employee Training: Lack of adequate training for employees on stormwater management and compliance procedures.
Collaborative State Partnership
The EPA’s efforts to reach this settlement involved significant collaboration with state environmental agencies. Louisiana Department of Environmental Quality (LDEQ), the State of Maryland, and the State of Nevada are co-signatories to the consent decree, highlighting a unified approach to environmental enforcement across different jurisdictions.
Injunctive Relief Measures for Environmental Compliance
The proposed consent decree mandates ABF Transportation to not only continue but also enhance its corporate-wide stormwater compliance program. This enhanced program will feature increased oversight of its facilities, comprehensive employee training initiatives, and more frequent inspections that exceed the minimum requirements stipulated by applicable CWA permits. Specifically, ABF Transportation is obligated to undertake several key actions:
- Achieve and Maintain Compliance: Ensuring ongoing and consistent compliance with all applicable stormwater laws and regulations.
- Develop and Implement Key Programs and Strategies:
- A company-wide environmental stormwater management strategy to guide overall compliance efforts.
- A robust stormwater compliance program outlining specific actions and protocols.
- A comprehensive stormwater compliance training program for all relevant employees.
- Stormwater standard operating procedures (SOPs) applicable to both CWA permitted facilities and NEC facilities, ensuring consistent practices across all locations.
- Designate Stormwater Compliance Managers: Establish dedicated personnel at corporate, regional, and service center levels to oversee and manage stormwater compliance effectively.
- Conduct Management Oversight Inspections: Perform regular management oversight inspections at both CWA permitted and NEC facilities for a period of three years following the consent decree’s effective date, ensuring continuous monitoring and improvement.
Anticipated Pollutant Reductions and Environmental Benefits
Industrial stormwater permits are designed to compel industrial operators to create and implement SWPPPs and adopt practices that effectively minimize pollutants in stormwater runoff. ABF Transportation’s mandated implementation of the enhanced corporate-wide stormwater compliance program is expected to significantly reduce the discharge of harmful pollutants from its transportation facilities into waterways across the country.
Positive Impacts on Health and the Environment
This settlement is poised to bring about substantial improvements in stormwater management for communities nationwide. Stormwater runoff, generated by rainfall and snowmelt flowing over surfaces like streets, parking lots, and rooftops, accumulates pollutants such as trash, chemicals, oils, and sediment. This polluted runoff can severely harm rivers, streams, lakes, and coastal waters. The pollutants carried by stormwater can cause detrimental changes in water flow and water quality, leading to habitat destruction, increased flood risks, reduced aquatic biodiversity, and heightened sedimentation and erosion. The injunctive relief measures within this consent decree are specifically designed to ensure effective stormwater runoff management at ABF Transportation facilities, thereby mitigating these negative environmental and health impacts.
Civil Penalty Details
As part of the settlement, ABF Transportation will pay a total civil penalty of $535,000. This penalty is divided among the involved regulatory bodies:
- $483,064 to the United States federal government.
- $18,214.50 to the State of Maryland.
- $18,065 to the Louisiana Department of Environmental Quality (LDEQ).
- $15,656.50 to the State of Nevada.
Public Comment Period
The proposed settlement, officially lodged in the U.S. District Court for the Western District of Arkansas, is now open for a 30-day federal public comment period. Following this period and the consideration of any public comments, the settlement requires final approval from the court to be fully enacted. Detailed information on how to submit public comments is available on the Department of Justice website, providing an opportunity for public engagement in this important environmental enforcement action.
For further inquiries, individuals can contact Sean Ireland at the EPA using the provided contact details.
