ABF Freight, Inc. Clean Water Act Settlement Information Sheet

(Washington, DC – March 20, 2023) - The U.S. Environmental Protection Agency (EPA) and U.S. Department of Justice (DOJ) announced a settlement with ABF Freight System, Inc. (ABF), a national freight carrier, to resolve alleged Clean Water Act (CWA) violations at transportation facilities located across the country. As described below, some of the alleged violations were self-reported and others were observed during inspections conducted by EPA, the Louisiana Department of Environmental Quality (LDEQ), the State of Maryland, and the State of Nevada. Pursuant to today’s agreement, ABF will pay a $535,000 civil penalty and implement injunctive relief measures to achieve and maintain compliance with stormwater laws at ABF transportation facilities nationwide. The proposed settlement is subject to a 30-day federal public comment period.

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Overview of Company

ABF is a corporation organized under the laws of Arkansas, with its principal place of business in Fort Smith, Arkansas. ABF is a subsidiary of ArcBest Corporation and is one of the largest trucking companies in North America. ABF facilities fall under Standard Industrial Classification System (SIC) code 4213 (Motor Freight Transportation) and conducts loading and unloading of goods at its facilities and performs “industrial activities” at many of these facilities, including vehicle maintenance and equipment cleaning. Facilities classified as SIC code 4213 are covered under Sector P (Land Transportation and Warehousing) of the federal industrial stormwater multi-sector general permit. Typical pollutants of concern at these types of facilities that could adversely impact water quality include fuel, oil, grease, leaking or spilled vehicle fluids, solvents, heavy metals, detergents, and total suspended solids. The consent decree covers all transportation facilities that ABF owns and operates while the consent decree is in effect. Currently, ABF owns and operates over 200 transportation facilities across the country.

Violations 

In 2013 and 2014, ABF voluntarily conducted stormwater compliance audits at most of its facilities and found widespread noncompliance with CWA requirements relating to stormwater. The noncompliance ABF found included facilities discharging stormwater associated with industrial activities to waters of the United States without a permit and facilities with an applicable CWA permit failing to comply with the conditions of that permit (e.g., inadequate sampling, reporting, and recordkeeping deficiencies). In April 2015, ABF voluntarily disclosed to EPA its noncompliance with the CWA.

Between October 2016 and April 2019, EPA, LDEQ, the State of Maryland, and the State of Nevada conducted 15 inspections of ABF’s facilities to evaluate ABF’s compliance with stormwater laws. The inspections were conducted at facilities located in Alabama, Georgia, Illinois, Indiana, Louisiana, Maryland, Nevada and Ohio. The inspections revealed issues at both permitted facilities and facilities that had filed for No Exposure Certificates (NEC) pursuant to 40 C.F.R. § 122.26 or an equivalent state provision in an authorized state. These issues included inadequate implementation of best management practices (BMPs) (including improper outdoor storage of chemicals, oil/grease and other vehicle fluids; poor housekeeping; improper storage of road salt; uncontained stockpiles; washing of truck windshields without BMPs); outdated stormwater pollution prevention plans (SWPPPs) that did not meet all permit requirements (including failure to identify and address all pollutant sources); improper visual monitoring; inadequate inspections; and insufficient employee training.

State Partner

EPA has collaborated with several states to achieve this settlement. Co-signatories to the consent decree are: LDEQ, the State of Maryland, and the State of Nevada.

Injunctive Relief

The proposed consent decree requires ABF to continue to implement and enhance a corporate-wide stormwater compliance program that includes increased oversight of its facilities, employee training, and additional inspections beyond the inspections required by applicable CWA permits. As agreed, some of the actions ABF will take include:

• Achieving and thereafter maintaining compliance with applicable stormwater laws
• Developing and implementing:
  • a companywide environmental stormwater management strategy,
  • a stormwater compliance program, 
  • a stormwater compliance training program, and
  • stormwater standard operating procedures applicable to CWA permitted facilities and NEC facilities
• Designating stormwater compliance managers who will oversee stormwater compliance at corporate, region, and service center levels.
• Conducting management oversight inspections of CWA permitted and NEC facilities for a period of three years following the effective date of the consent decree.

Pollutant Reductions

Industrial stormwater permits require industrial operators to develop SWPPPs and implement practices that minimize pollutants in stormwater. ABF’s implementation of the corporate-wide stormwater compliance program required by the proposed consent decree will reduce the discharge of pollutants from its transportation facilities into waterways.

Health and Environmental Effects

The settlement will result in stormwater management improvements for communities across the country. Stormwater runoff is generated from rain and snowmelt events that flow over land or impervious surfaces, such as paved streets, parking lots, and building rooftops, and does not soak into the ground. The runoff picks up pollutants like trash, chemicals, oils, and dirt/sediment that can harm rivers, streams, lakes, and coastal waters. Pollutants in stormwater can cause changes in hydrology and water quality that result in habitat modification and loss, increased flooding, decreased aquatic biological diversity, and increased sedimentation and erosion. The injunctive relief in the proposed consent decree is designed to result in effective stormwater runoff management at ABF transportation facilities.

Civil Penalty

ABF will pay a civil penalty of $535,000 to resolve this matter, divided as follows:

• $483,064 to the United States
• $18,214.50 to the State of Maryland
• $18,065 to LDEQ
• $15,656.50 to the State of Nevada

Comment Period

The proposed settlement, lodged in the U.S. District Court for the Western District of Arkansas, is subject to a 30-day federal public comment period and final court approval. Information on submitting comment is available at the Department of Justice website.

For more information, contact:

Sean Ireland
Water Enforcement Division
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW (Mail Code 2243A)
Washington, DC, 20460
(202) 564-2923
[email protected]