Region 6/OECA
FY 2002
Memorandum of Agreement
End-of-Year
Narrative Report
November 15, 2002
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NATIONAL
PRIORITIES
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Concentrated Animal Feeding Operations (CAFOs)
In FY 02 one of Region 6's priorities was to identify through increased inspection activities,
those unpermitted facilities with a potential to discharge and, therefore, need to apply for a
CAFO permit. EPA's increased compliance monitoring and enforcement actions have persuaded
many potential Clean Water Act violators to take notice that EPA is serious about enforcing
CAFO regulations. Region 6 has recently imposed penalties to several facilities for discharging
to waters of the U.S. without a permit or violating permit conditions.
Region 6 has worked closely with the State of Texas this fiscal year to prioritize and initiate
targeted enforcement and compliance activities to minimize manure pollutant discharges into the
Bosque River. The upper north Bosque River is listed on the State's 303(d) list as impaired due
to AFOs. The Bosque River impacts the quality of water in Lake Waco, which is a source of
drinking water for the city of Waco. EPA and the State of Texas have worked closely to address
public concerns and to reduce manure pollutant discharges in the Bosque River. Texas has
initiated a real-time continuous water monitoring system by installing two monitoring devices on
the North Bosque River. Water quality data (dissolved oxygen, phosphorus, temperature,
turbidity, Chlorophyl A, salt, ammonia and nitrate) are collected every 15 minutes and
transmitted to the agency's website. In addition to continues monitoring activities, Texas has
initiated a program to respond to all citizen complaints within 2 hours, 24 hours a day, 7 days a
week. Region 6 has provided funding to establish centralized composting facilities which have
helped to facilitate removal of manure from the upper North Bosque River watershed. It is
estimated that this EPA-funded project has facilitated the removal of more than a half-million
tons of dairy manure out of the Bosque River watershed since October 2000. The composted
manure is land applied in other areas of the State where it poses little threat to water quality.
The emphasis in CAFO enforcement has continued to focus on large commercial producers.
Region 6 conducted ground water sampling and other investigations at five swine facilities in
Oklahoma. These swine farms were included in the RCRA 7003 order issued in June 2001,
which was the first such order to address CAFOs in the country. The purpose of this
investigation was to determine whether land application of swine effluent is contaminating area
drinking water aquifers. At the same time, the swine operation also sampled ground water
around lagoons at three of the farms. Results of these investigations are now under review.
Storm Water
In FY2002, Region 6 issued 128 Show Cause and 30-day enforcement administrative orders.
Many of these actions were the result of inspections by EPA and state storm water inspectors in
response to citizen complaints. These actions culminated in the issuance of 50 Administrative
Penalty Orders with monetary fines. The Region received approximately 2000 calls, both
complaints and inquiries, regarding the storm water permit during the year.
The Region continues to stress compliance assistance and conducted 8 outreach sessions this
year to home builders groups, the Associated General Contractors (AGC), US Bureau of
Prisons and private companies. During these outreach seminars, information regarding the
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Storm Water general permit and the requirements of the permit were disseminated resulting in an
improved compliance rate. In addition, Region 6 NPDES states have been very active in
conducting workshops for the construction industry to educate the regulated community in all
areas of the permit.
Quarterly compliance meetings were held with the Wal-Mart Corporation. These meetings were
a result of the August 2000 Consent Decree lodged and filed with the US Court regarding Wal-
Mart's non-compliance at 17 construction sites during 1999 and 2000.
Sanitary Sewer Overflows (SSOs)
Region 6 has on-going enforcement actions against a number of municipalities for corrective
action due to sanitary sewer overflows(SSOs). In the state of Texas, there are about fifteen
POTWs with Administrative Orders issued, by Region 6, for correction of SSOs. Both the City
of Austin, TX, and the City of Arlington, TX, are making significant capital investments to
correct the SSO problem as well as upgrade their sanitary sewer systems. Harris County MUD
50, in Texas, has undertaken the SSO correction program under a DOJ Consent Decree.
Two Arkansas municipalities have ongoing EPA Region 6 enforcement actions to correct the
SSO problem. In the State of Louisiana, the City of New Orleans and the City of Baton Rouge,
have undertaken the SSO correction program under court ordered DOJ Consent Decrees. The
consent decrees for these cities require the expenditure of over $1 billion in improvements over
the next 8-13 years to protect water quality and public health. The Baton Rouge consent decree
became effective on March 16, 2002. Currently, in Louisiana, EPA and the DOJ are negotiating
the requirements of SSOs with the Cities of Monroe and New Iberia to be enforced under court
ordered Consent Decrees.
Region 6 conducted a few outreach efforts to educate the States and the regulated communities
on the SSO issue. In February, the SSO issue was adequately addressed in a EPA sponsored
regional workshop in Oklahoma City. In March, Region 6 presented issue updates on SSOs to a
group of regulated communities in Fort Worth. In May, Region 6 participated in a workshop
sponsored by the regional chapter of the Water Environment Federation in an operators' training
session at the University of Texas at Arlington.
Safe Drinking Water -Microbial Rules
Microbial Rule is a national priority because: (1) it is the most frequently violated drinking water
standard; and (2) it poses the largest direct health threat to human health from waterborne
disease. There were several Public Water Systems that were in significant non-compliance
(SNC) category with the Total Coliform Rule, as well as other Drinking Water rules, alike. The
PWS Enforcement Team aggressively monitored and tracked the respective SNCs through
diligent negotiations and discussions with the States. In addition, Region 6 took all enforcement
actions by issuing the administrative orders against the water systems in New Mexico for the
Total Coliform Rule and the chemical violations due to the lack of their enforcement ability.
Also all significant non-compliance violations in New Mexico were addressed by EPA Region 6.
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Permit Evaders
Facilities which store, dispose, and treat hazardous waste have been required to obtain federal
permits (Resource Conservation Recovery Act (RCRA) Hazardous Waste permits) since the
mid-1970's. A portion of this universe of facilities are operating without permits and therefore
without the safeguards provided by the permits to ensure hazardous waste is controlled from the
time it is generated until its ultimate disposal - in effect, from cradle to grave. Concerned about
the potential risk to human health and the environment caused by the lack of these safeguards,
EPA began the permit evader initiative. Between October 2001 and September 2002, the
hazardous waste enforcement program for Region 6 invested notable resources to support and
implement this critical initiative. Numerous compliance evaluation inspections were conducted
at facilities in the Region suspected of being hazardous waste permit evaders. As a result of
these inspections, enforcement actions have already been taken against several hazardous waste
handlers (e.g., Union Carbide Corporation, Ford Motor Company) and more are anticipated to be
taken against facilities from the chemical, petroleum, and metal services industry sectors. One
of these actions involved the disposal of the equivalent of over 6,000 drums of waste. The
Region will continue to implement the important permit evader initiative, thereby helping to
ensure the safeguards of hazardous waste permits are realized and the long term protection of
human health and the environment.
Petroleum Refinery Initiative and/New Source Review/Prevention of Significant
Deterioration
Region 6 continues to actively participate in the National Refinery Initiative. The initiative
addresses four marquee issues that have historically been found to be areas of non-compliance
with the Clean Air Act. The issues are Acid Gas Flaring, Sulfur Recovery Plants, Leak
Detection and Repair/benzene in wastewater, and New Source Review/Prevention of Significant
Deterioration. These areas also have shown the greatest opportunity for reductions in emissions
to the air through enhanced injunctive relief and supplemental environmental projects. Several
companies have voluntarily entered into global consent decrees with the United States to address
these issues and discussions are on-going with others. In FY 2002, global consent decrees were
signed with Conoco and Navajo addressing their refineries in Ponca City, OK; Westlake, LA,
and Artesia, NM.
In FY 2002, the Region referred marquee issue violations to the Department of Justice for the
following refineries: Chevron - El Paso, TX, Western Refining - El Paso, TX, Sunoco - Tulsa,
OK; Sinclair-Tulsa, OK, ExxonMobil-Beaumont, TX, and ExxonMobil-Chalmette, LA.
Regional Notices of Violation (NOV) were issued against ExxonMobil for the refineries in
Beaumont and Chalmette. The Region also supported EPA HQ in developing the National NOV
issued against ExxonMobil. In addition, a Regional Finding Of Violation was issued against
Sunoco during FY 2002.
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REGIONAL
PRIORITIES
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Federal Facilities
The Region 6 Federal Facilities Program compliance assistance efforts included conducting
Environmental Management Reviews (EMRs) at three Federal facilities: Tinker Air Force Base,
in Oklahoma, the Texas Army National Guard, in Texas, and the Carson National Forest in New
Mexico. The Carson National Forest volunteered to do an EMR while undergoing enforcement
and environmental training activities with EPA. EPA compliance assistance efforts also
included a visit to the Bureau of Prisons Regional Office in Dallas, and provided them with
storm water and EMR information. Since that visit, the Bureau of Prisons has volunteered for
FY2003 EMRs.
Region 6 placed special emphasis on Pollution Prevention (P2) activities which included
working with DOD on EPA participation at the 7th Annual Joint Services (Department of
Defense) Pollution Prevention Conference. This is the largest pollution prevention worldwide
event. In addition, EPA participated in several Texas Environmental Partnership meetings in
which a new charter was approved and signed in August 2002. Region 6 also help to organize
and coordinate a multi-regional Federal Facilities Environmental Conference (Regions 6, 8, 9
and 10), in Reno, NV.
Region 6 had several in-house Federal Facility visits: Mr. John P. Woodley, the newly appointed
Deputy Undersecretary of Defense for Environmental Security, Colonel Jyuji D. Hewitt,
Commander, McAlester AAP, and Mr. Stanley Rasmussen, DOD attorney. Mr. Andrew Cherry,
EPA Federal Facilities Enforcement Office, conducted his annual regional oversight visit to
Region 6 and traveled with us staff to Ft. Hood and participated in the DOD/Texas Pollution
Prevention meeting.
Region 6 Federal facilities compliance status includes five facilities that are in significant
noncompliance: Los Alamos National Laboratory New Mexico, FAA Aeronautical Center
Oklahoma City, OK, Tinker AFB Oklahoma City, OK, Dyess AFB Abilene, TX, and Reese
AFB Lubbock, TX. Dyess AFB and Reese AFB are undergoing remedial action but still need to
complete RCRA groundwater monitoring requirements.
Public Water Supply
Consumer Confidence Report (CCR) Rule: The Region 6 Public Water Supply (PWS)
Enforcement Team continued to implement the formal enforcement actions for the Consumer
Confidence Report (CCR) Rule in Louisiana, New Mexico, and Texas. Several of the Region 6
States that had primacy for the CCR rule initiated a CCR enforcement strategy. Meanwhile, The
PWS Enforcement Team worked closely with the Region 6 States to bring several of the non-
compliant water systems back into compliance. The Region 6 PWS Enforcement Team issued
130 Notice of Violations (NOVs), 31 Administrative Orders (AOs) and 25 Administrative
Penalty Orders (APOs) against those respective violators to address the violations.
Safe Drinking Water Act - Total Coliform Rule: On April 30 1998, EPA Region 6 issued an
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Administrative Order to Springfield Terrace Enterprise Water System in Louisiana, for violation
of Total Coliform Rule (TCR), along with Louisiana State Sanitary Codes. After many years of
unsuccessful attempts to bring this water system under compliance, the Louisiana Department of
Health and Hospitals (LDHH) finally referred the case to EPA Region 6. Through the continued
persuasions of EPA, a grant in the amount of $750,000 has recently been awarded to this water
system to install a new well, storage tank, and distribution system. This grant will assist the
water system to meet the requirements of the EPA Administrative Order and come under
compliance.
Compliance Assistance
Border Compliance Assistance Center: It is of interest to both the EPA and Mexico's
SEMARNAT to ensure that foreign transporters and truckers operating in both countries are
aware of environmental laws and regulations governing the labeling, packaging, transport,
storage, and disposal of hazardous waste. To address this need Region 6 is helping to create an
Internet web site for U.S. entities and foreign transporters involved with importing and
transporting hazardous waste into the U.S. from Mexico. The Border Compliance Assistance
Center is designed for small businesses to easily find on-line information in order to increase
their understanding and compliance with environmental regulations. To reach a diverse
audience, information will be provided in both English and Spanish. Region 6 has partnered
with OECA's Office of Compliance, and is one of the first to use the national Compliance
Assistance Center Platform maintained through a cooperative agreement with the National
Center for Manufacturing Sciences. Other Border Center partners include OECA's Office of
Federal Activities, OIA, EPA Region 9, U.S. Customs Service, U.S. Department of
Transportation, Texas, Arizona, New Mexico, and California State offices, as well as Mexico's
Procuraduria Federal de Protection al Ambiente. The Border Center is expected to become
functional in 2003. Discussions are already underway on expanding the scope of the Border
Center to address other regulatory areas (e.g., pesticides, ozone depleting substances) as well as
including imports crossing the U.S./Canadian border. The draft working website for the Border
Compliance Assistance Center can be viewed @ http://www.envcap. org/border/ .
Compliance Assistance Forum: Region 6 will host the FY 2003 National Compliance
Assistance Forum in San Antonio, Texas. The Region has been very busy in FY 2002 preparing
for the Forum. Region 6 promoted and implemented the first ever, co-sponsorship of the Forum,
with a State agency (Texas), to advance the compliance assistance program at both the federal
and state levels. Other alliances are being developed with tribal and local governments, federal
agencies, trade associations, environmental educators, environmental justice organizations, and
non-profits to target their participation and interest as plans for the 3rd national Compliance
Assistance Providers Forum continue.
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Innovation/Global Change
Performance Track/Clean Texas Leaders MOA: On February 20, 2002, EPA and the State of
Texas signed a Memorandum of Agreement (MOA) to align the National Environmental
Performance Track and Clean Texas programs. The MOA was signed at the Clean Texas
Partnership conference in San Antonio, Texas, by Regional Administrator, Gregg Cooke; AA for
Office of Policy, Economics, and Innovation, Thomas Gibson; and Texas Commission on
Environmental Quality (TCEQ) Executive Director, Jeffery Saitas. This was the first agreement
of its kind between the Agency and a State, nationally, and has served as a model for other State
MOA's. EPA and TCEQ committed to creating the best value for our customers; reducing the
resource requirements of both the EPA and TCEQ staff and the administrative burden of member
organizations; creating the greatest amount of incentives, flexibility, and recognition for program
members; and reinforcing and encouraging continual improvement in environmental
performance. While encouraging each program to maintain its own identity, EPA and TCEQ
pledge to coordinate the application process, make the system transparent to participants, and
coordinate the delivery of incentives.
Performance Track membership update: Currently there are 30 facilities participating in the
National Environmental Performance Track program in Region 6. Region 6 represents
10 percent of the national membership
(-300 facilities). As a result of
recruitment efforts during the last year,
eleven new facilities were selected for
participation in the program. This
represents a 60 percent growth of
membership in FY2002.
EPA Region 6
Performance Track Facilities
Region 6 conducted National
Environmental Performance Track Site
Visits at five facilities, during FY2002:
Lockheed Martin Missiles and Fire Control
(Dallas, TX), Marathon Ashland
Petroleum LLC Louisiana Refining
Division (Garyville, LA), McKinley Paper
Company (Prewitt, NM), Monsanto
Company (Luling, LA), and Public Service
Company of New Mexico San Juan Generating Station (Waterflow, NM).
National GIS Leadership: Region 6 has chaired the National GIS Work Group for the last two
years. The Work Group provides a forum for discussing GIS issues and coordinating GIS
activities across EPA offices and Regions. During our tenure, we worked with OEI on Baseline
Report (current status) and goals for Blueprint (future strategy). Geospatial is a key part of
Agency Enterprise Architecture.
Problem Oil Pits
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Arkansas Problem Oil Pits (aka Southern Arkansas Environmental Improvement Project):
Through coordination with the U.S. Fish and Wildlife Service, Arkansas Oil and Gas
Commission, and Arkansas Department of Environmental Quality, EPA Region 6 staff achieved
voluntary clean-up of an oil field waste site in Southern Arkansas. The site posed an imminent
and substantial endangerment to human health and the environment due to the presence of oil in
an open pit. Wildlife mortality was documented numerous times at the site. Shortly after EPA
voiced concerns regarding the conditions at the site, the owner/operator voluntarily closed the
pit, thus removing the substantial environmental threat at the site. Approximately 38,000 gallons
of liquid (oil and water) and 856 cubic yards of oil-contaminated soil was removed and/or
remediated at the site.
Photo taken October 16, 2001
O Photo taken August 13, 2002
nshore
O Hand
Gas Exploration and Production Brine and Storm Water Enforcement Initiative
Brine Activities: The discharge of brine from oil field facilities is a violation of Section 301 of
the Clean Water Act (CWA). This program targets on-shore oil and gas operators illegally
discharging brine (saltwater), generated during exploration and production, to waters of the United
States. Brine contaminated waterways have a devastating affect on aquatic ecosystems, as well as
wildlife and livestock dependent on fresh water creeks and streams. Over the past year, EPA field
inspectors have responded to citizen complaints, state/federal agency referrals, and environmental
indicators to identify the location of the discharges and the waters of the U.S. impacted.
During FY2002, the Water Enforcement Branch participated in three workshops to educate
operators on Section 301 and brine discharge; issued 20 administrative compliance orders; 6 Class
I and Class II penalty actions; referred 5 operators to the SPCC program for flagrant SPCC
violations; worked with numerous operators on lease improvements during inspections and/or the
AO or APO process; and referred a repeat and flagrant brine discharge violator to Department of
Justice (DOJ). Plans for the future include working with the states and industry organizations to
educate operators on prudent operating practices, continuing inspections to identify violators, and
proceeding with enforcement actions that combine environmental remediation and restoration with
penalties to serve as a deterrent.
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Storm Water Activities: The storm water program targets on-shore oil and gas operators who
have constructed well pad sites and infrastructures that exceed 5 acres without permit coverage
under the Phase INPDES Construction Permit, which is a violation of Section 402 of the CWA.
Uncontrolled construction can have a major impact on the quantity of water runoff and the rates of
erosion and sediment transport that occur in the environment.
During FY2002, the Region 6 participated in numerous meetings with oil and gas representatives
to discuss the potential impacts of permit coverage; worked closely with the Water Permits
Division and EPA Head Quarters to develop permit language, a conditional waiver and a record
for the Phase II NPDES permit; developed a multi-year integrated compliance assistance strategy
to educate operators on the Phase II requirements; responded to citizen complaints concerning
water quality impacts due to oil and gas construction; and referred an operator to DOJ for multiple
construction permit violations.
Texas U.S./Mexico Border
U.S./Mexico Border Warehouse Initiative: The EPA and the Texas Commission on
Environmental Quality (TCEQ) Joint Border Warehouse Initiative was developed in order to
conduct warehouse inspections along the U.S./Mexico Border under the authority of the
Resource Conservation Recovery Act (RCRA). The Initiative began its efforts in the Laredo/Del
Rio, Texas area because citizens have been concerned that improper storage of hazardous
materials could result in the contamination of the Rio Grande river, the city's principal source of
drinking water, or the exposure of the public to danger. EPA and TCEQ were concerned that the
increased amount of international trade between the two countries, along with minimal
regulatory presence in the area, created the potential for illegal hazardous waste management
practices. Fiscal year 2002 efforts included joint inspections in the Del Rio, Texas area,
enforcement actions for violations observed during prior joint
warehouse inspections, and compliance assistance efforts for
the warehouse industry.
Laredo is one of the busiest ports in the country with 10,000
trucks crossing its bridges each day. Ten percent of the
material transported is hazardous. Much of this material is
stored in Laredo at any of its 2000 warehouses.
In February of 2002, five inspectors representing the EPA and
TCEQ conducted inspections of approximately 47 warehouses that were not regulated (not
registered to handle hazardous waste) in order to determine the extent of the mis-management of
hazardous waste (violations of RCRA requirements). The inspections determined that five
facilities (11 percent) were found to be potentially non-compliant. The investigations identified
that the majority of the violations were due to the warehouse industry's lack of knowledge
regarding hazardous waste and RCRA.
A total of three Complaints were filed by EPA during fiscal year 2002 alleging violations of
RCRA observed during prior joint inspections. The Complaints issued a total of $ 72,463, and
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are projected to be resolved by December of 2003. As a result of the enforcement actions,
approximately 100,000 Ibs. of potential hazardous waste were removed from the Facilities.
During fiscal year 2002, EPA and TCEQ provided compliance assistance efforts in order to
assist the warehouse industry and help them return to compliance. During the month of October
2001, the TCEQ, with the help of EPA and other State and local agencies, developed the
International Border Workshop for Hazardous Materials. Topics included the proper storage and
transport of hazardous substances. EPA concentrated on the continued effort of bringing
awareness to the warehouse industry regarding the proper management of hazardous waste,
abandoned hazardous materials/waste, sham-recycling activities, as well as self-disclosure
procedures. In total, eight seminars were made available along the U.S./Mexico Border. The
compliance assistance efforts resulted in over 20,000 gallons and 2,000 Ibs. of potential
hazardous waste removed from the warehouses.
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CORE
PRIORITIES
and
Special Projects/Initiatives
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Multi-Media Enforcement Team Pilot Program
Region 6 is piloting an innovative investigative/negotiation process which incorporates
traditional investigative techniques and expands the role of and emphasis on Environmental
Management Reviews (EMRs) to work with regulated facilities to identify opportunities for
improving facility operation and minimizing the Environmental footprint facilities have on their
communities. Region 6, in partnership with the states of Texas and Louisiana, will seek a
negotiated settlement with each of the selected facilities, which will ultimately result in the
facility achieving a level of performance better than that which would be required by permits and
regulations alone.
The multimedia team, in conjunction with EPA and TNRCC inspectors, completed the first of
four planned investigations in July 2002. The selected facility, Goodyear Tire and Rubber Co. in
Houston, Texas, has received the final executive summary report consisting of the EMR
summary and inspection report. A meeting was scheduled for October 9th at which time all
parties will begin to discuss options for improving facility environmental performance. Many of
the deficiencies, which were identified during the investigation, were attributable to inadequate
implementation of the facility's environmental management systems. A second investigation
was scheduled for the week of October 21st at BASF Corporation located in Geismar, Louisiana.
In coordination with the Region's GIS staff, the team developed a targeting methodology that
allowed it to identify facilities that offered the greatest potential for across-the-board
environmental improvements. The targeting model considered fourteen variables, which were
ranked in order of importance for each of three primary media (air, RCRA and wastewater).
Once the aggregate score was determined, the variability between the individual media scores
was considered. This process screened out facilities that were of primary interest to any single
medium and gave greater weight to more fully integrated facilities. The team believes that, even
in the absence of significant violations, it can convince facilities to voluntarily reduce emissions
and implement more comprehensive management systems to ensure long-term benefits.
The Region frequently hears from citizens and citizens' groups that are concerned about the
amount of pollutants to which they may be exposed. Often, the facilities about which they are
concerned are operating in full compliance with their environmental permits and/or applicable
regulations. Using this partnership approach, and stressing the importance of compliance based
environmental management systems, we believe that we can negotiate a "win/win" settlement, in
which the parties can identify ways to reduce emissions below regulatory benchmarks while
holding costs steady or, in the best case scenario, at a savings to the facility.
The pilot is scheduled to continue through mid- to late-FY2003. At the end of the pilot, a
decision will be made as to the long-term viability of the concept. With three or four
investigation/negotiations completed, we will be better able to determine whether the
assumptions were correct, whether the benefits justified the resources allocated and whether the
concept has a place in the Region's/Agency's enforcement and compliance assurance toolbox.
State Capacity Building
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Assisted Compliance Evaluation Inspections: The Region's Hazardous Waste Enforcement
Branch provided inspection, sampling and analytical support to the Oklahoma Department of
Environmental Quality and Arkansas Department of Environmental Quality. Inspectors from the
Region assisted ODEQ & ADEQ inspectors in conducting Resource Conservation and Recovery
Act Compliance Evaluation Inspections at metal service industries and potential permit evaders
in Oklahoma City and Camden, Arkansas area. The EPA Inspectors provided contract
environmental sampling and laboratory analyses. All violation determinations and enforcement
actions are to be taken by the respective state agency.
Public Water Supply
Effective State Oversight: The Region 6 PWS Enforcement Team ensures that the public is
provided with the highest quality of drinking water possible through its effective oversight of the
states' PWSS enforcement programs. Through mid-year and end-of-year program evaluations,
the PWS Enforcement Team evaluates each state on how well it manages its drinking water
enforcement program in accordance with the Safe Drinking Water Act (SDWA) and its
regulations. In addition, through effective coordination with the Region 6 States, EPA has been
able to use the Significant Non-Complier (SNC) list to initiate necessary EPA enforcement
actions. This activity can be a considerable undertaking on the part of both entities, EPA and
State, but it results in all violators being addressed.
New Mexico Drinking Water Program: EPA Region 6 staff and the New Mexico
Environment Department/ Drinking Water Bureau (NMED/DWB) discussed the various
elements of the Safe Drinking Water Act with the capacity development strategy. An example is
to assist the State with development of their capacity development strategy under Section 1420.
NMED/DWB is required to prepare, and periodically update, and submit a list of water systems
that have a history of Significant Non-Compliance (SNC). Within 5 years, the State is required
to report the success of the enforcement mechanisms and initial capacity development efforts in
improving the needed technical, managerial, and financial capacity.
EPA will continue to work with NMED/DWB to examine and monitor Significant Non-
Compliance lists, Notices of Violation, Maximum Contaminant Level violations, Sanitary
Surveys and Comprehensive Performance Evaluations, Consumer Confidence Report
compliance rates, issuance of training certificates to board/council members and operators,
Technical Assistance projects, and grants/loans provided to compare results from year to year.
EPA and NMED/DWB will initiate development on language of an Administrative Order to
require non-compliant and SNC systems to evaluate their technical, managerial, and financial
capability; utilize TA assistance; ensure public water systems have a certified operator; and
evaluate the possibility of regionalization/consolidation or receivership if management is not
receptive to making changes to comply with the national primary drinking water regulations.
Lead-Based Paint
Lead-based Paint (LBP) Program exceeds inspection projection for FY2002: A key
element of the interagency Federal Strategy for Eliminating Childhood Lead Poisoning
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(Children's Health Initiative) was a budget initiative which distributed extramural funds to the
regions to hire Senior Environmental Employment (SEE) inspectors to determine compliance
with the lead-based paint rules, with a particular focus on the Real Estate Notification and
Disclosure Rule (the 1018 rule). Region 6 was tasked with accomplishing 210 LBP inspections
for FY2002. As of September 30, 2002, the four SEE inspectors in Region 6 had conducted 234
inspections. The inspections were conducted throughout the five states and included inspections
of real estate companies, apartment complexes, and individual landlords. The inspections were
conducted to determine compliance with the LBP rules which govern target housing, housing
built prior to 1978. Before the sale or lease of any unit of target housing, all sellers and lessors
of target housing, or their agents, are required to comply with the requirements of 40 CFR Part
745, Subpart F. The requirements provide for the disclosure of information regarding the
potential health hazards, especially to young children and pregnant women, of lead-based paint
which was commonly used in housing built prior to 1978.
CFC Compliance Program
In FY 2002, Region 6 continued its enforcement activities with bakeries regarding CFCs to
insure compliance with the Clean Air Act. The Region referred 14 facilities to the Department
of Justice as part of two national cases against Earthgrains Baking Company and Interstate
Brands Corporation. Also, Region 6 participated in finalizing an agreement with the American
Bakery Association (ABA), a trade association representing wholesale bakeries. The voluntary
partnership agreement with ABA required each bakery signing the agreement to audit its
refrigerant compliance program and to convert industrial process refrigeration equipment using
ozone depleting substances to non-ozone depleting or lower ozone depleting refrigerants by a
date specified in the agreement. Bakeries typically use large quantities of refrigerants to cool
dough used in making bread and other baked goods.
Region 6 also expanded its enforcement activities into commercial refrigeration systems, such as
those found at large refrigerated warehouses or grocery stores. The Region plans on continuing
this activity into FY 2003.
In addition, Region 6 conducted inspections at two federal facilities, Tinker AFB (Oklahoma)
and Sandia National Laboratory (New Mexico) to determine compliance in the federal sector as
well.
RCRA Corrective Action
Corrective Action Enforcement at Interim Status Facilities under the Resource Conservation and
Recovery Act (RCRA): EPA Region 6 developed and issued 4 corrective action enforcement
orders in FY 2002. Under Section 7003 of RCRA, two corrective action orders were issued to
address a potential endangerment to the environment by observed seeps of contaminated ground
water into the surface water in the ship channel in Corpus Christi, Texas. Consent Orders were
issued to El Paso Merchant Energy-Petroleum Company (formerly Coastal Refining and
Marketing Company) and Elementis Chromium (formerly American Chrome). It is estimated
that there are 250,000 barrels of hydrocarbons in a non aqueous phase liquid as well as
Core Programs and Special Innitiatives - Page 3
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hydrocarbons and chromium contamination in the dissolved phase will be recovered from the
ground water.
Region 6 developed and issued one corrective action enforcement order under Section 3008(h)
of RCRA in FY 2002. This unilateral order was issued to Oklahoma Energy Corporation and the
Cyril Petrochemical Corporation for the Cyril Petrochemical facility in Cyril, Oklahoma. The
order addressed contamination of onsite ground water, and characterization and removal of
hazardous waste. However, the two respondents did not comply with the order and the facility
was subsequently deferred to CERCLA pursuant to the NPL/RCRA deferral policy.
Region 6 developed and issued one corrective action enforcement order under Section 3013 of
RCRA in FY 2002. This order was issued to W. J. Smith Wood Preserving Company and Katy
Industries for releases of creosote-based wood preservatives from the W. J. Smith facility in
Dennison, Texas. The Consent Order by letter agreement contained requirements for W. J.
Smith and Katy Industries to monitor, test, and analyze soil, surface water, and ground water for
presence of contamination from the facility. Such letter agreements have almost eliminated the
transactional costs associated with traditional orders. They are not appropriate for every
company, but in the case of W.J. Smith, we were able to quickly respond to new information
indicating the need for expanded environmental monitoring.
Pesticides
A second US/Mexico Pesticide Information Exchange for Inspectors took place from October 21
to 27, 2001. Eight pesticide inspectors from Mexico were hosted by U.S. pesticide inspectors in
Texas, New Mexico, Arizona, and California. Activities included overviews of state pesticide
activities and procedures, as well as the opportunity to observe and take part in inspections in the
four U.S. states. The success of the first inspector exchange, which took place in August 2000,
prompted a repeat of this successful program. The project was a mutual sharing of information.
The purpose was to add to the knowledge, cooperation, and understanding of environmental
problems and solutions encountered by both countries.
EPCRA 313
Site Specific Compliance Assistance for the Emergency Planning and Community Right-to-
Know Act (EPCRA) Section 313 (toxic chemical emissions reporting): As part of the operating
principles for an integrated EPA enforcement and compliance assurance program, the TRI
(Toxic Release Inventory) enforcement program initiated a Compliance Assistance Initiative
during the 4th quarter, FY2002. Sixteen (16) facilities were selected, 14 in Texas, and 2 in New
Mexico, to receive on-site assistance regarding statutory and regulatory requirements under
Section 313 of EPCRA. Eight (8) of the facilities, i.e. half those visited, required assistance in
better understanding the reporting requirements under Section 313 of EPCRA. After the
completion of the assistance, approximately 50 new or revised Form R's were submitted to the
EPCRA Reporting Center, resulting in more accurate emissions information from these facilities.
One facility, Louisiana Pacific's Cleveland Plywood facility in Cleveland, TX, submitted 24 new
Form R's for 6 chemicals from 1997 to 2000.
Core Programs and Special Innitiatives - Page 4
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Oil Pollution Act
Innovative Use of Compliance Assistance With Oil Pollution Act Enforcement Program
Produces Marked Improvement in Facility Compliance Rates: The Region 6 Oil Pollution Act
(OPA) enforcement program began integrating compliance assistance into it's ongoing Spill
Prevention Control and Countermeasure (SPCC) inspection and enforcement program several
years ago. The Region instituted a program of conducting Compliance Assistance Workshops in
each geographic area prior to initiating SPCC inspections of facilities within the area. The
workshops are conducted jointly with the States and local trade organizations. The trade
organizations typically provide the workshop site and invite all area members and nonmembers
to the workshops. In FY2002 the Region conducted twenty (20) workshops attended by over
1900 owners and operators of SPCC regulated facilities. After allowing the facilities an
opportunity to bring the facilities into compliance following the workshop, the Region
subsequently conducts inspections of the facilities and follows up with administrative penalty
enforcement actions using the Headquarters approved Expedited Penalty Process, against the
non-complying facilities. The Compliance Assistance Workshops and the Expedited Penalty
Process enables the Region to address non- compliance in the oil program with a minimal
number of staff resources. The program is designed to provide a high degree of compliance
assistance, address the large number of facilities found to be non-compliant, minimize the time
and resources necessary to complete the enforcement actions and bring facilities into compliance
and, assess lower penalties than would be assessed using the traditional administrative penalty
process. The program has produced a 17 percent improvement in compliance rates in the period
from FY99/00 to FY01/02.
UST
National Underground Storage Tank (UST) Inspector Workshop: The Environmental Protection
Agency (EPA) conducted a UST Inspector Workshop in Dallas on August 14-15, 2002. We had
64 participants (18 from EPA, 40 from States, 2 from local governments and 4 from the Tribes) .
Regions 2, 4, 6, 7, 8, 9 and 10 were represented at the meeting along with representatives of the
States of Arkansas, Louisiana, Texas, New Mexico, Oklahoma, Tennessee and New Jersey. We
also had representatives from the Inter-Tribal Environmental Council (made up of Oklahoma
Tribes) and the City of Austin, Texas.
The purpose of the Workshop was to have UST inspectors discuss key issues concerning
compliance inspections of UST facilities, and to better achieve consistency in inspection
procedures and in compliance determination. Since the December 22, 1998 deadline for
achieving UST upgrade has past, and most owners/operators have installed the necessary
equipment to upgrade their USTs, EPA and the States have now focused in on "operational
compliance"of USTs throughout the Nation.
This workshop was a major achievement since many state and Regional UST inspectors had
requested a National workshop to exchange experiences in how to conduct a more effective
inspection of USTs.
NEPA
Core Programs and Special Innitiatives - Page 5
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This Fiscal Year we received 23 Environmental Information Documents (EID's) for review and
preparation of environmental assessments (EA's) under the National Environmental Policy Act
(NEPA). Of these 23, 19 have been completed and four EA's are still in process. There were
nine Special Appropriations projects; six of these were completed and three are still in process.
We completed the environmental assessment on eight Colonias projects in Texas and New
Mexico, and completed five assessments for projects in Texas, New Mexico and Mexico which
were funded through the Border Environmental Infrastructure Fund (BEIF). One BEIF project
in Matamoros, Tamaulipas, Mexico is in process. We processed two CWPPRA projects for
assessment, and two EIS actions - the Drachenburg Proposed Campground Supplement EIS and
the Fence Lake Coal Mine Project in New Mexico.
Number of Environmental Assessments (EA) and Environmental Impact Statements (EIS)
Reviewed: Application of GISST: Over 80 National Environmental Policy Act (NEPA)
documents (including requests for information) were reviewed using the assistance of the GIS
Screening Tool (GISST), including the work performed for IH-69 and other large scale or
NEPA-related projects. GISST is used in formulating comments on draft and final NEPA
documents and used to help agencies get started in collecting data and preparing their draft
NEPA documents. It uses GIS coverages and a decision framework in the form of 1 to 5
rankings for a variety of environmental and socioeconomic issues. It aids in the assessment of
cumulative impacts and environmental justice. As a result of using the GISST, cumulative
impacts have been more adequately assessed. In addition, information produced from GISST is
proactive compliance assistance and can help reduce initial contractor costs for other Federal
agencies in collecting data and preparing draft NEPA documents and in avoiding "late hits" by
EPA during NEPA document review periods. In one case, EPA initiated a $45000
demonstration project with the
County of Bastrop to help facilitate Number of NEPA Activities, 1998.2002
the NEPA process (EA for permits
related to habitat conservation of
the Houston Toad) in terms of
assessing cumulative impacts in a
multi-county area.
Caddo Lake Environmental
Review - EPA's comments on the
draft Environmental Assessment
led the public utility and the Rural
Utilities Service to select an
alternative water source for a new
utility plant in northeastern Texas.
In response to agency and public v"r
comments, a more environmentally
beneficial alternative was selected to provide the water source for the 570 MW power plant
proposed by Entergy Power Ventures (EPV) in Harrison County, TX. EPV includes a
consortium of public bodies for which the Rural Utilities Service (RUS) is providing financial
support. RUS conducted an Environmental Assessment under the National Environmental
Core Programs and Special Innitiatives - Page 6
- BECC, Colonias, Special Appropriation
-EIS
-GISST
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Policy Act for the power plant. EPA and others (U.S. Army Corps of Engineers and U.S. Fish
and Wildlife Service as well as the public) had voiced major concerns that use of the City of
Marshall's water supply for cooling water would reduce the inflow to Caddo Lake with potential
adverse environmental impacts on Caddo Lake wetlands. The uniqueness of the Caddo Lake
wetlands has been very well documented, and recognized not only regionally but also
internationally under the Ramsar Convention. Caddo Lake, the only natural lake in Texas, has a
tremendous diversity of plants, fish and wildlife, giving habitat to 216 species of migratory or
resident birds, 47 species of mammals, and 90 species of reptiles and amphibians.
Transportation Streamlining Initiative to Expedite Project Delivery: An Interagency
Agreement (IAG) was developed, signed and funded ($100+K) to support EPA assistance to the
Federal Highway Administration (FHWA) and the Texas Department of Transportation
(TXDOT). EPA is conducting a GIS environmental data inventory and GIS-driven analyses to
support the 1-69 Environmental Streamlining Process in Texas. This is the first federal IAG
being funded by TxDOT and FHWA to support the 1-69 project. It is also being hailed by EPA's
Office of Federal Activities as a national model for the "integration of GIS into an overall
management systems process that seems to have transferability to other parts of the country not
only for transportation, but for other sectors as well". Anne Miller, Director, OFA
Participation in development of the Texas 1-69 Pilot Project Streamlining Process to help
expedite review and improve project delivery for 1000 miles of the NAFTA Corridor. The
Process has been tailored from that of the Mid-Atlantic, designed to streamline multiple
regulatory processes through early and ongoing participation and consensus of Federal and State
resource agencies, Municipal Planning Organizations (MPO's), Native American Tribes,
accompanied with aggressive public outreach and involvement.
R4, 5 and 6 (& HQ) collaboration with FHWA and 7 state DOTs to streamline 1-69 through
development and application of an 1-69 NEPA Streamlining Expectations document. The
document was issued by EPA nationally to all state and federal transportation and resource
agencies and Tribal governments impacted by the 1-69 Corridor.
Arkansas Highway and Transportation Department and FHWA - Arkansas Division have agreed
to provide significant supplemental travel funding support to the Region 6 NEPA program for
participation in the Arkansas 1-69 project and related transportation activities.
Core Programs and Special Innitiatives - Page 7
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Interagency Collaboration on Environmental Stewardship, Strategic Planning and
Streamlining: Texas Environmental Resource Stewards - Multi-agency partnering effort
facilitated by EPA in Texas to align strategic ecological resource priorities with long-term
transportation priorities for collaborative regulatory streamlining, environmental stewardship and
preservation of sensitive resources throughout the state. Participants include federal and state
resource agencies, transportation agencies and the Governor's office.
Ongoing Support/Facilitation for Interagency Working Teams on Transportation and
Environment: Nearly 2 Years ago, EPA facilitated the formation of interagency teams by
USAGE, FHWA, TXDOT, FWS, and EPA to identify and resolve historic problems related
generally to mis-communication and limited coordination, and specifically to CWA Section 404
issues in Texas. As a result of that effort, the USAGE has reported 2 years later, that historic
404 permitting violations have been significantly reduced and overall accountability has gone up
- even while seeing a 30 percent+ increase in transportation project activity.
Core Programs and Special Innitiatives - Page 8
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CASE SUMMARIES
REGION 6
Holly Corporation - Navajo Refinery and Montana Refining Co.(06-2002-3714/3715): The
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U.S. Department of Justice, EPA, and the states of New Mexico and Montana, have reached
agreement on a global settlement for Holly Corporation's Navajo Refineries in Artesia and
Lovington, New Mexico and Montana Refining Co.'s Great Falls refinery. A consent decree
filed in U.S. District Court in Albuquerque, New Mexico, on December 20, 2001, requiring
Navajo and Montana Refining to spend an estimated $16-$21 million to install the best available
technology emissions-control equipment which will reduce annual emissions of NOx by
approximately 250 tons, SO2 by approximately 2350 tons, and VOCs and PM by approximately
100 tons each. In addition, Navajo and Montana Refining will pay a $750,000 civil penalty
under the Clean Air Act and spend about $1.5 million on additional environmentally-beneficial
projects. The states of New Mexico and Montana will share in the cash penalty.
Conoco, Inc. (06-2002-3717/3718): The U. S. Department of Justice, EPA, and the states of
Colorado, Montana, Louisiana, and Oklahoma, have reached agreement on a global settlement
for Conoco's refineries in Denver, Colorado; Billings, Montana; Lake Charles, Louisiana and
Ponca City, Oklahoma. A consent decree filed in U.S. District Court in Houston, Texas calls for
Conoco to spend an estimated $95-$l 10 million to install the best available technology
emissions-control equipment which will reduce annual emissions of nitrogen oxide (NOx) by
approximately 3,210 tons, sulfur dioxide (SO2) by approximately 4,000 tons, volatile organic
compounds (VOCs) by approximately 100 tons and particulate matter (PM) by approximately
400 tons. Conoco also will pay a $1.5 million civil penalty under the Clean Air Act and spend
about $5 million on additional environmental projects in communities around the company's
refineries. The states of Louisiana, Montana and Oklahoma will share in the cash penalty.
Shell Chemical Company Explosion, Deer Park, Texas (06-1998-0547): On Sunday, June 22,
1997, a violent explosion and a large fire occurred at Shell Chemical Company, in Deer Park,
Texas. The fire burned for approximately 10 hours. As a result of the explosion and fire,
extensive damage occurred to the facility and several employees received minor injuries. Major
transportation routes adjacent to the facility were closed for several hours, and nearby residents
were advised to remain indoors. The cause of the accidental release was determined to be the
internal structural failure and shaft blow-out of a drive shaft for the 36 inch diameter
pneumatically assisted Clow Model GMZ check valve. The check valve failure caused a large
flammable gas leak that resulted in a unconfined vapor cloud explosion. An investigation by
EPA, OSHA, and Shell, as to the cause of the explosion reveled that Shell had a pattern of
problems with the type of valve that failed and caused the explosion. The valve was an
inappropriate design for its use. Shell has removed or modified all valves of the type involved in
the accident at al their plants nationwide. EPA and Shell have released informational alerts to
industry likely to use Clow GMZ valves concerning the dangers of the wrong application of the
valve. EPA has determined that there are violations of Section 112(r)(l) of the 1990 Clean Air
Act Amendments (CAA), which imposes a "general duty" on owners and operators of stationary
sources to anticipate, prevent, and minimize the effects of accidental releases whenever
extremely hazardous substances that are present at their facility. Settlement negotiations resulted
in a agreed penalty of $350,000. Shell has verified that they either decommissioned the
existing Clow valves or replaced them with a safer design. They also implemented a number of
procedures including a corporate system to track problems with equipment from any plant in the
world.
Crown Central Petroleum - Multimedia Enforcement Case (06-1998-0144): Crown Central
Petroleum is a petroleum refinery in Pasadena, Harris County, Texas, that had serious problems
Case Summaries - Page 2
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with excess emissions of various air pollutants since 1992. The TNRCC issued an NOV in July
1997, for several violations including exceedances of the SO2 emission and H2S fuel limits in
NSPS Subpart J. On June 4, 1998, TNRCC and Crown Central entered into a proposed Agreed
Order resolving its emissions violations for $677,425 and injunctive relief. The Order resolved
the first five violations cited in the state NOV. TNRCC modified the proposed Agreed Order to
reflect a higher penalty figure of $1,055,425. The change in penalty was based upon the
inclusion of penalties for days Crown Central exceeded the hydrogen sulfide and sulfur dioxide
emission limits while operating in a startup and shutdown mode.
EPA sent a multimedia referral package with numerous air violations (including the same ones
settled in the TNRCC Agreed Order) as well as several RCRA/EPCRA violations to the
Department of Justice in February 1998. Crown eventually settled with EPA for penalties and
injunctive relief; the consent decree was filed in January 2002 in district court. Crown was
required by the state to have studies conducted by three independent consultants to review and
recommend changes to the refinery process to ensure that excess emissions of SO2 would be
minimized. These changes have now been implemented. Crown was also required by EPA to
conduct certain testing and monitor certification and to ensue that tank seals were properly
maintained.
City of Baton Rouge and East Baton Rouge Parish, LA (06-1998-0993): Consent Decree
Between United States and State of Louisiana and the City/Parish to Resolve Sanitary Sewer
Overflows (SSOs): On March 15, 2002, a Consent Decree was executed between the United
States and the State of Louisiana with the City of Baton Rouge and East Baton Rouge Parish
(City/Parish), LA. The goal is to end years of sewage overflows and long-standing discharges of
untreated sewage to public areas and U.S. waters. This was a violation of the NPDES permit
under Section 309 of the Clean Water Act. The remedial measures in this Civil Referral include
capital improvements for sewer rehabilitation, increase capacity of the system to address
Sanitary Sewer Overflows (SSOs), and operations and maintenance. The comprehensive
improvement plan which will take between 13 and 15 years to carry out and is expected to cost
between $330 and $461 million. The settlement is intended to reduce untreated sewage to public
areas and U.S. waters by more than 1.2 billion gallons annually.
Since the execution of the consent decree the City/Parish has paid stipulated penalties of
$216,000 and civil penalties of $945,500, and met the June 30, 2002, deadline for electronic
tracking of pump station preventive maintenance. This settlement demonstrates the EPA and the
State of Louisiana commitment to enforcing laws that require the City/Parish to take steps
necessary to prevent the public from being exposed to discharges of raw sewage. The most
serious problem is that pipes transporting sewage to the treatment plant are antiquated, allowing
significant inflows and overflows of untreated and partially treated wastewater to waters of the
United States. The discharges of raw sewage contain a variety of pollutants including organic
and chemical materials that present a high risk to human health and the environment. Under the
Consent Decree, the City/Parish may be liable for stipulated penalties for Non-Compliant
discharges and any Unauthorized Discharge which results in the release of more than one million
(1,000,000) gallons or more during its entire duration. The stipulated penalties are payable with
one half payable to the United States and one half payable to the Louisiana Department of
Environmental Quality.
Case Summaries - Page 3
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Shop Rite, Inc. (06-2001-0181): On January 25, 2002, the U.S. Environmental Protection
Agency (EPA) and Shop Rite, Inc. settled a case involving 75 alleged violations of the federal
and state underground storage tank (UST) regulations for $175,000. Underground storage tank
regulations are designed to protect underground drinking water sources from contamination and
protect public safety from dangers such as fire or explosions. The alleged violations involved 27
underground storage tanks owned and/or operated by Shop Rite, Inc., at 10 different facilities in
Louisiana. The facilities were jointly inspected by EPA and the Louisiana Department of
Environmental Quality in May and June of 1999. No releases were found during the inspections.
The Shop Rite settlement is an important part of EPA's ongoing major initiative to improve
UST compliance by ensuring that owners and operators of underground storage tanks not only
install the required corrosion, release detection and spill/overfill prevention equipment, but also
continually operate and maintain the equipment in accordance with the regulations.
Central Oil and Supply, Inc. (06-2002-0002): The U.S. Environmental Protection Agency
(EPA) and Central Oil and Supply Corporation, 2300 Booth Street, Monroe, Louisiana, agreed to
settle a case involving 43 alleged violations of the federal and state underground storage tank
(UST) regulations for $150,000. The violations were found during compliance inspections
conducted jointly with EPA and the Louisiana Department of Environmental Quality (LDEQ) on
June 15, 2000. Nineteen USTs at six facilities were inspected.. The violations involved failure
to provide adequate leak detection for the tanks and piping, failure to provide corrosion
protection for metal components of the piping, failure to install adequate overfill protection and
failure to test the corrosion protection systems adequately. Federal and state UST regulations
require specific equipment and methods to be in place on tanks and piping to prevent leaks, spills
and overfills from occurring, and if they should occur, they are quickly detected and cleaned up.
The Central Oil and Supply settlement is an important part of EPA's ongoing initiative to
improve UST compliance by ensuring that owners and operators of underground storage tanks
not only install the required corrosion, release detection and spill/overfill prevention equipment,
but also continually operate and maintain the equipment in accordance with the regulations.
Pennzoil-Quaker State Company, Houston, TX (0602001-0901): A Consent Agreement and
Final Order (CAFO) was filed on April 30, 2002, settling an administrative Complaint against
Pennzoil-Quaker State Company (PQS). The Complaint alleged violations of the Resource
Conservation and Recovery Act (RCRA) at Specialty Environmental Services, located in
Shreveport, Louisiana, which was owned by PQS at the time the alleged violations occurred.
The penalty assessed in the complaint was $660,678. Respondent agreed to pay $134,418 of the
penalty and conduct a Supplemental Environmental Project costing no less than $100,000 to
settle the case.
The SEP provided for the removal and disposal of a storage tank and associated materials
located on property that will eventually be developed into a 300,000 square foot convention
center complex. The tank was approximately 30 feet by 40 feet in size and contained about
50,000 gallons of oil and water and 8,000 gallons of sludge contaminated with gasoline, diesel,
other petroleum hydrocarbons, pesticides, PCBs, and various metals. Approximately 50 cubic
yards of contaminated soil were also removed and disposed along with the disposal of the tank
Case Summaries - Page 4
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after it was removed and cleaned. The SEP was performed in an area with significant
Environmental Justice concerns and assisted in the clean up of a Brownfields site. This was the
first Brownfields SEP in Region 6 and serves as the groundwork for the convention center. The
property is located in downtown Shreveport and includes Census Tract 204. The property has
been part of an industrialized area since the 1850's. From 1885 to 1946, a portion of the property
was utilized by Shreveport Gas, Electric Light and Power Company (including the tank removed
under this SEP). Heavy industrial activity has resulted in significant environmental concerns.
The median family income for persons residing in Census Tract 204 in 1990 was $4,999 while
the median family income for the City of Shreveport was $26,894. According to the 2000
Census, the African American population comprises 96 percent of the population of this area.
The new convention center is expected to create and sustain over 1,100 jobs for the community.
Before removal of tank
. „ i r- i
After removal of tank
-c-1, Hou,ston'
Agricultural
_ f
Pr actice s Initiative (06-2002-
0950): On September 27, 2002, U.S. Environmental Protection Agency Region 6 (EPA) filed a
Consent Agreement and Final Order (CAFO) against Griffin L.L.C. (Respondent) pursuant to
Section 3008(a) of the Resource Conservation and Recovery Act (RCRA). Respondent operates
a manufacturing plant of copper-based agricultural fungicides and related chemicals. The
alleged violations involved: failed to make a hazardous waste determination; stored/disposed of
hazardous waste in the east surface impoundment (see photos below #1 & 2) without a permit;
failed to operate the surface impoundment meeting the minimum technological requirements;
failed to meet the land disposal restrictions for hazardous waste, and; failed to store used oil in
containers meeting the standards.
EPA assessed the penalty for the CAFO to be $62,979.00, and Respondent will spend over a
million dollars ($1,000,000) in closing the east surface impoundment (photos #1 & 2). As part
of closing this surface impoundment, it is estimated that Respondent will remove over 100,000
pounds of sludge contaminated with hazardous waste toxic for lead. Additionally, Respondent
will be required to determine if the waste accumulated in the East/east surface impoundment (see
photo #3) is a hazardous waste, in which case will be required to also clean close this
impoundment. Each surface impoundment can hold approximately over a million gallons of
material. Clean closing of the surface impoundment(s) will be completed following the Texas
Risk Reduction Program (TRRP) Rules. Upon Respondent's clean closing of the
impoundment(s) and compliance with the CAFO EPA administratively concludes the allegations
against Respondent for the above cited violations of RCRA.
Case Summaries - Page 5
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Photo 1: Aerial photo of the impoundments at the facility, by USGS
(http://terraserver.homeadvis or.msn.com/)
Photo 2: East surface impoundment, by Gerardo Acosta
„, , r , , , Centrifugal Castings, Temple, TX (06-2001-
Photo 3: East/east surtace impoundment .
0504): Centriiugal Castings agreed to pay a cash
settlement of $25,000, and conduct a SEP (Supplemental Environmental Project) for $75,000 for
violations of Section 313 of EPCRA (Emergency Planning and Community Right-to-Know Act -
toxic chemical emissions reporting). Recognizing the importance of emergency preparedness
and planning, Centrifugal Castings proposed to provide the Temple Fire Department with
advanced Haz-Mat training, and new equipment in the amount of $75,000. A Consent
Agreement reflecting those terms and conditions was issued to Centrifugal Castings on
July 3, 2002.
Voluntary Purchasing Groups, Inc. (06-2001-0344): On May 28, 2002, a Consent Agreement
and Final Order was filed achieving compliance between EPA and Voluntary Purchasing
Groups, Inc. (VPG), of Bonham, Texas. EPA charged VPG for violating the Federal Insecticide,
Fungicide, and Rodenticide Act on six counts of selling adulterated and misbranded pesticides.
An Administrative Penalty Order was filed with a paid penalty of $20,020. The pesticidal
products were formulated improperly and were also mislabeled. As such, VPG misrepresented
the products to the public. VPG agreed to discontinue the sale of several of its pesticides,
properly sell other products, and utilize better technology to ensure that products are properly
labeled in the future.
Wireless Facilities, Inc. (06-2001-2709): On December 20, 2001, Region 6 collected a $5,000
Class I Administrative Penalty under Clean Water Act, Section 309(g) for discharges of fill
material into two wetland sites without the required Clean Water Act, Section 404 permit. The
Case Summaries - Page 6
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violations occurred in St. Tammany and St. Charles Parishes, Louisiana, and involved
construction of two cellular communications towers in approximately 1.3 acres of wetlands. In
addition to the penalty, the company was required to obtain an after-the-fact permit for the
wetlands impacts, to include appropriate mitigation.
Searcy Municipal Airport (06-2002-2705): On February 26, 2002, Region 6 collected a $5,000
Class I Administrative Penalty under Clean Water Act, Section 309(g) for discharges of fill
material into forested wetlands without the required Clean Water Act, Section 404 permit. The
violation occurred in Searcy, Arkansas, and involved construction of a runway extension for the
Searcy Municipal Airport. Approximately 2 acres of forested wetlands were cleared and leveled
by the project. In addition to the penalty, the city was required to obtain an after-the-fact permit
for the wetlands impacts, to include appropriate mitigation.
Glenn Lynch Companies, Inc. (06-2002-2710): On August 04, 2002, Region 6 collected a
$5,500 Class I Administrative Penalty under Clean Water Act, Section 309(g) for discharges of
fill material into Longbranch Creek without the required Clean Water Act, Section 404 permit.
The violation occurred in Mesquite, Texas, and involved construction of channel modifications
as part of an apartment complex construction project. In addition to the penalty, the company
was required to obtain an after-the-fact permit for the wetlands impacts, to include appropriate
mitigation, and the provide an addition $5,500 worth of onsite habitat improvements, above and
beyond the permit required mitigation.
Brushy Lake Hunting Club (06-2002-2718): On September 17, 2002, Region 6 collected a
$4,000 Class I Administrative Penalty under Clean Water Act, Section 309(g) for discharges of
fill material into Brushy Creek and adjacent wetlands without the required Clean Water Act,
Section 404 permit. The violation occurred in Cross County, Arkansas, and involved
construction of a levee and extensions to that levee, as part of a waterfowl management project.
In addition to the penalty, the hunting club is required to obtain an amendment to their existing
permit if any future levee restoration/maintenance is to be performed beyond the scope of the
original permit.
Case Summaries - Page 7
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