On May 12, 2020, the EAB issued a Final Order ratifying the Consent Agreement that EPA entered into with Bloom Energy Corporation, to settle violations of RCRA Subtitle C at three of Bloom's customer facilities. RCRA is designed to protect human health and the environment by providing for the safe management of hazardous wastes. The settlement will ensure that, in the future, Bloom will properly manage hazardous waste in desulfurization canisters shipped from its customer facilities. Bloom has developed fuel cell technology to electrochemically convert natural gas into electricity. Bloom has installed this technology at over 200 customer facilities in the US. Bloom's activities are regulated under RCRA because Bloom generates hazardous waste, in the form of benzene, a known human carcinogen, at its customer facilities. Benzene is adsorbed from incoming gas and stored in filters, known as Desulf Canisters, which are removed when spent and transported offsite for further processing.
The alleged violations involved shipment of hazardous waste benzene from Bloom customer locations in Philadelphia, PA, Fort Meade, MD and Windsor Mill, MD. EPA cited Bloom for arranging four shipments of hazardous waste without first preparing required manifests. (The customers were not cited by EPA.) In addition, EPA cited Bloom for failing to adequately respond to EPA's requests for information. To settle the enforcement action, Bloom has agreed to pay a $210,000 penalty. In addition,