United States
                                 Environmental Protection
                                 Agency
                         Office of Enforcement
                         and Compliance
                         Assurance (2248A)
                                                                               EPA 300-N-00-012
C/EPA        Enforcement  Alert
 Volume 3, Number 7
  Office of Regulatory Enforcement
                  July 2000
   Universities,  Colleges Not  Receiving  Top  Marks  for
                       Environmental  Compliance
    EPA Holding Educational Institutions to Same Standards as Industry
    Colleges and universities are
    required to comply with all ap-
plicable environmental requirements
           About

    Enforcement Alert
   "Enforcement  Alert"   is
   published periodically by the
   Office    of   Regulatory
   Enforcement to inform  and
   educate  the  public   and
   regulated   community   of
   important  environmental
   enforcement issues, recent
   trends   and   significant
   enforcement actions.
   This information should help
   the  regulated  community
   anticipate  and   prevent
   violations   of   federal
   environmental law that could
   otherwise lead to enforcement
   action. Reproduction and wide
   dissemination   of   this
   publication are encouraged.

   For information on obtaining
   additional  copies  of  this
   publication, contact the editor
   listed below.
   Eric V. Schaeffer
   Director, Office of
   Regulatory Enforcement

   Editor: Virginia Bueno
   (202)564-8684
   bueno.virginia@epa.gov
   (Please Email all address and
   name changes orsubscription
   requests for this newsletter.)
like their counterparts in the
regulated industry to create a
safe haven for human health and
the environment.
  Violating these requirements
can be costly. For example, the
University of Hawaii recently
paid $1.8 million in civil penal-
ties for violating federal law by
poorly managing laboratory
waste.
  This  issue of Enforcement
Alert highlights the results of recent in-
spections by the U.S. Environmental
Protection Agency (EPA), and identi-
fies a host of resources, such as EPA's
"Audit Policy," which can help univer-
sities and colleges stay in compliance
with federal environmental require-
ments. EPA encourages academic in-
stitutions to take advantage of the Au-
dit Policy, which establishes a frame-
work for the voluntary disclosure and
correction of violations in return for
greatly reduced penalties.


Areas of Noncompliance
Highlighted
  Most academic institutions are simi-
lar to small cities and encompass many
analogous activities within their cam-
pus borders such as operating research
laboratories, auto repair facilities,
power plants and wastewater treatment
plants; disposing of hazardous waste
and trash; managing asbestos; supply-
ing  drinking  water; maintaining
grounds; and incinerating wastes. Many
universities also operate medical and
      Graphic courtesy of EPA Region 1

research facilities that create their own
set of environmental challenges.

   During past inspections of univer-
sity and college campuses across the
nation, EPA Regions have found sig-
nificant compliance problems with the
Resource Conservation and Recovery
Act (RCRA); the  Spill Prevention,
Control and Countermeasure (SPCC)
requirements of the Clean Water Act
(CWA); Underground Storage Tank
management; and the Clean Air Act
(CAA).

   Specific  examples of noncompli-
ance include improperly handling and
disposing of hazardous waste materi-
als; boilers and furnaces that do not
meet clean air regulations; inadequate
monitoring  of underground storage
tanks; sewage treatment facilities that
are not operating properly; and im-
proper abatement of lead-based paint
and asbestos.
                                                                            Continued on page 2
                          >n is found on the Internet at http://www.epa.gov/oeca/ore/enfalert

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                                          Enforcement Alert
Continued from page 1
EPA Region 1 Steps Up
Enforcement Efforts in
New England
   Early last year, EPA Region 1
stepped up its enforcement efforts at
colleges and universities after finding
significant noncompliance with envi-
ronmental regulations.
   As of May 2000, EPA has per-
formed multimedia inspections at the
following  colleges and universities:
Boston University; University  of
Maine; Brown University; University
of Massachusetts-Amherst; Dartmouth
College; University of New Hampshire;
Harvard University; University  of
Rhode Island; Massachusetts Institute
of Technology; Yale; and the U.S.
Coast Guard Academy.
   Several completed inspections de-
tected  serious  environmental and
compliance problems that led to sig-
nificant enforcement actions at many
facilities on university campuses such
as laboratories, power plants, and ve-
hicle maintenance facilities. Primary
problem  areas included  RCRA,
SPCC, and storm water.
   Region 1 completed several high-
penalty cases against colleges and uni-
versities (see related sidebar on this
page) and additional cases are pend-
ing.
   In a letter sent last year to every
college and university president in
New England, Region 1 wrote, "EPA
is committed to holding educational
institutions to the same high standards
that we all expect of private industry,"
and added that colleges and universi-
ties that have not made  a real com-
mitment to environmental compliance
are taking a "significant risk."
                                                     Recent EPA Enforcement Actions
          On Jan. 6, 2000, Region
   1 filed a  consent agreement re-
   solving alleged RCRA violations
   found at the  University  of New
   Hampshire (UNH). UNH  will pay
   a fine of $49,000 and spend at
   least $147,000 on a Supplemen-
   tal Environmental Project.
          The University of Hawaii
   was assessed a fine of $1.8 mil-
   lion in 1998 and 1999 after an
   EPA Region  9 inspection team
   found dangerous chemicals  bur-
   ied for years in the basement of
   the Honolulu campus's main
   chemistry building, plus otherdis-
   cards elsewhere.
EPA Region 3 Actions
   In June of last year, Region III be-
gan alerting colleges and universities
throughout the mid-Atlantic states
about their responsibility to comply
with environmental laws and regula-
tions.

   Since then, Region 3 has conducted
eight multi-media inspections and has
taken numerous enforcement actions
against violators and has heightened its
enforcement presence in recent months
by on-site inspections.

   On June 14, 2000, in a settlement
with Region 3, Lincoln University
agreed to pay a $45,000 penalty for al-
legedly violating federal rules for the
prevention and cleanup of leaks from
underground oil tanks. The Oxford,
Penn., university owns underground
storage tanks with a capacity of at least
60,000 gallons and two above-ground
tanks with a 1,000 and 300-gallon ca-
pacity.

   In earlier settlements, the Univer-
sity of Virginia, in Charlottesville, Va.,
agreed to pay a $25,490 penalty;
George Washington  University
   •   In 1998, Region 1 filed a
consent decree in federal district
court resolving alleged violations
of the CWA and RCRA  discov-
ered at Boston University (BU).
BU paid approximately $253,000
in fines and $500,000 in commu-
nity projects.
   •   In 1995,  EPA Region 1
settled an enforcement action with
Yale University, assessing a fine
of $69,500 for RCRA violations.
The university has also commit-
ted to invest $279,000 in environ-
mental projects on campus.
(GWU) in Washington, D.C., settled for
$29,460; and Villanova University, lo-
cated in suburban Philadelphia, commit-
ted to a $22,759 penalty.
   On June 2,2000, GWU agreed to pay
a $27,300 penalty to settle alleged vio-
lations of hazardous waste regulations at
its Washington, B.C. campus. Following
a September 1999 inspection by EPA and
the District of Columbia, EPA cited the
university for three alleged RCRA vio-
lations that included transporting hazard-
ous waste between Mount Vernon Col-
lege in Washington, D.C. and GWU cam-
pus without a required waste manifest or
EPA identification number; pouring un-
treated waste photo fixer directly into a
drain in Smith Hall; and improper tem-
porary  storage of hazardous chemicals
at various storage and laboratory loca-
tions on campus.


Regions Offer Compliance
Assistance
   EPA has been providing and con-
tinues to offer compliance assistance to
colleges and universities to help them
July 2000
              Continued on page 3

                            2

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                                           Enforcement Alert
                   EPA Regions have found specific examples of noncompli-
                   ance at  universities and colleges that include improperly
               handling and disposing of hazardous waste materials; boilers
               and furnaces that do not meet clean air regulations; inadequate
               monitoring of underground storage  tanks; sewage treatment
               facilities that are not operating properly; and improper abatement
               of lead-based paint and asbestos.
                                               guides, and has scheduled semi-
                                               nars this year. New York State
                                               is also conducting compliance
                                               assistance in coordination with
                                               the Region. The Region plans to
                                               follow-up these compliance as-
                                               sistance activities with inspec-
                                               tions in the next fiscal year.
Continued from page 2

achieve compliance with environmental
laws:
   In Region 1: EPA's New England
Region determined that along with on-
going  enforcement efforts,  targeted
compliance assistance was needed to
improve the sector's overall compli-
ance with environmental requirements
and enhance compliance management
practices.
   To appropriately assess the best mix
of approaches to encourage compliance
at colleges and universities, EPA New
England assessed the nature of compli-
ance problems identified during inspec-
tions and talked to trade associations
as well as colleges and universities
about the compliance challenges they
found.
   In November 1999, Region 1 hosted
a focus group discussion for college
and university  environmental health
and safety staff. A variety of represen-
tatives from 49 institutions in New En-
gland "brainstormed" about the tools
and services needed to improve envi-
ronmental performance.
   Region 1 used the information from
this dialogue to develop an integrated
strategy for the  college and university
sector that combines traditional en-
forcement efforts with a proactive as-
sistance program to encourage compli-
ance.  Through additional discussions
with college and university  environ-
mental health and safety staff, EPA
New England confirmed what it had
learned from its inspections: many col-
leges and universities lack basic knowl-
edge of the environmental regulations
and the resources to ensure ongoing
compliance. Some, however, are al-
ready in compliance and eager to ex-
plore more challenging environmental
projects.
   The Region's three-phased strategy
includes: Basic Regulatory  Compli-
ance, which includes developing an in-
formational web page, providing com-
pliance workshops in subject areas re-
quested by colleges and universities,
and continuing enforcement activities;
Best Management Practices,  which
provides  tools  to conduct audits and
implement environmental management
systems; and Sustainability, an ap-
proach that encourages colleges and
universities  currently involved in ac-
tivities that go beyond compliance (i.e.,
green procurement, energy efficiency,
etc.) to share their experiences with fel-
low institutions. EPA New England's
three-phased strategy can be found at
http://www.epa.gov/region01/steward/
univ.
In Region 2: Region 2 recently sent let-
ters to 344 colleges  and universities
encouraging them to take advantage of
EPA's Audit Policy, which substan-
tially reduces, and in some cases, elimi-
nates, penalties  for violations discov-
ered and corrected by a company. The
policy does not cover criminal viola-
tions, or violations that resulted in ac-
tual significant  harm to public  health
or the environment.
   The Region  has combined this ef-
fort with supplemental compliance assis-
tance mailings, including self-audit
          In Region 3: Besides com-
municating the need to comply, one of
Region 3 's key messages has been that
environmental management systems and
self-audits help to prevent problems as
well as to correct them before they be-
come more  serious and costly. Re-
cently, the Region created a question-
naire for college and university presi-
dents to determine what elements of a
good environmental management sys-
tem are being implemented on their
campuses. Some elements include es-
tablishing an environmental policy,
training programs, job responsibilities
and tracking systems. The  question-
naire and other related information to
assist colleges and universities can be
found at http://www.epa.gov/reg3ecej
under "Compliance Assistance."
   Region 3 also has participated in
three day-long  workshops hosted by
Baltimore and Philadelphia universities
and has offered to participate in more.
   In addition, the Region has been
talking to national college and univer-
sity professional organizations about
the need to  improve  compliance and
environmental programs on campuses.
These  groups,  which communicate
with campus officials on a regular ba-
sis, have hosted many EPA presenta-
tions and have  shared information in
their publications and through  elec-
tronic channels.
In Region 9: Region 9 recently invited
Arizona colleges and universities to
participate in a RCRA-focused Audit
Policy initiative. Participants had to au-
dit their facilities within a  limited
                                                                                             Continued on page 4
July 2000

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 United States
 Environmental Protection Agency
 Office of Regulatory Enforcement
 (2248A)
 1200 Pennsylvania Avenue, NW
 Washington, DC 20460

 Official Business
 Penalty for Private Use $300
 'Enforcement Alert' newsletter
 Continued from page 3

timeframe and disclose violations.  In
conjunction with this effort, the Ari-
zona Department of Environmental
Quality sponsored an all-day workshop
on RCRA compliance and reinforced
seriousness of follow-up inspection and
enforcement efforts. Following the au-
dits, EPA Region 9 conducted follow-
up inspections at the University of Ari-
zona, Northern Arizona University and
Pima Community College.


The Bottom  Line
   Higher  academic institutions can
create a culture for engendering envi-
ronmental responsibility by:
        Communicating the impor-
tance of compliance with environmen-
tal laws and other environmentally ben-
eficial  activities to all members of the
university/college community.
        Ensuring adequate resources
for staff, equipment and training to
carry out environmental activities and
compliance;
        Conducting regular compli-
ance self-audits; and
        Paying special attention  to
self-inspection  and record-keeping re-
quirements that help identify compliance
problems early  to avoid costly cleanup
problems and penalties.
    EPA urges colleges and universities
to be more attentive to their environ-
mental obligations before enforcement
action becomes necessary. Academic
institutions are also encouraged to take
advantage of the Audit Policy, which
provides incentives to conduct environ-
mental audits by substantially reducing
penalties for entities that voluntarily
discover, disclose, and promptly cor-
rect violations. Colleges and universi-
ties interested in the Audit Policy can
contact their EPA Regional office, or
Leslie Jones, EPA's National Audit
Policy Coordinator, at (202) 564-5123;
or by visiting the Audit Policy Infor-
mation website at http://www.epa.gov/
oeca/ore/apolguid.html.
    For more information, contact Peggy
Bagnoli and Joshua Secunda (after 10/
01/00), EPA Region I,  Office of Assis-
tance and Pollution Prevention at (617)
918-1828 or (617)918-1736;Email:
b agn oli. p eggy @ep a . g ov or
secunda.josh@epa.gov;  Samantha
Fairchild, EPA Region III, Director, Of-
fice of Enforcement, Compliance and En-
vironmental Justice, at (215) 814-2627;
Email:fairchild.samantha@epa.gov; and
Brian Riedel, EPA Region 9, Office of
Enforcement, Compliance and Environ-
mental Justice, at (415) 744-1390; Email:
riedel. brian@epa.gov.
    Useful Comoliance
  Assistance Resources
EPA Region I College and
University Home Page:
http://www.epa.gov/region01/steward/
EPA Region III Information Sources for
Colleges and Universities:
http://www.epa.gov/reg3ecej/
compliance_assistance/colleges.htm

OECA Homepage:
http://www.epa.gov/oeca

Office of Regulatory Enforcement:
http://www.epa.gov/oeca/ore

Multimedia Enforcement Division:
http://www.epa.gov/oeca/ore/med/
index.html

Audit Policy Information:
http://www.epa.gov/oeca/ore/apolguid.html

RCRA Online:
http://www.epa.gov/rcraonline/

EPCRA Hotline:
1-800-424-9346. For callers in the DC area,
please call (703) 412-9810. Also, the TDD
is (800) 553-7672

Compliance Assistance Centers:
http://es.epa.gov/oeca/main/compasst/
compcenters.html

Small Business Gateway:
http://www.epa.gov/smallbusiness/
regs.htm#laws
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