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 ------- 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 ------- 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 ------- 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 ' Recycled/Recyclable. Printed with Soy/Canola Ink on paper that contains at least 30% recycled fiber ------- |