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-------
The FY1996 Enforcement and Compliance Assurance Accomplishments
Report was prepared under the direction of the Targeting and Evaluation
Branch and the Planning Branch within the Office of Enforcement and
Compliance Assurance. Information contained in the report was supplied by
the EPA regional offices and the Office of Enforcement and Compliance
Assurance.
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FY1996 Enforcement and Compliance Assurance Accomplishments Report
TABLE OF CONTENTS
1. Introduction 1_1
2. Fiscal Year 1996: The Numbers 2-1
2.1 Criminal Enforcement 2-2
2.2 Civil / Administrative Actions 2-2
2.3 Superfund Enforcement 2-3
2.4 Impacts of Settlements 2-5
3. Fiscal Year 1996: The Activities 3-1
3.1 Industry Sector Priorities 3-1
3.1.1 National Sector Priorities 3-1
3.1.2 Regional Sector Priorities 3-10
3.2 Media-specific Programs 3-20
3.2.1 Air 3-20
3.2.2 Water 3-22
3.2.2.1 Drinking Water 3-23
3.2.2.2 Industrial or Municipal Discharges to Surface Water.. 3-24
3.2.2.3 Wetlands 3-27
3.2.3 Toxics 3-28
3.2.3.1 EPCRA 3-29
3.2.3.2 FIFRA 3-32
3.2.3.3 TSCA 3-35
3.2.4 RCRA 3-37
3.2.5 CERCLA 3-40
3.3 Criminal Program 3-43
3.4 Community-based Protection Priorities 3-44
3.4.1 Region 1 3-45
3.4.2 Region 2 3-47
3.4.3 Region 3 3-49
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FY1996 Enforcement and Compliance Assurance Accomplishments Report
3.4.4 Region 4 3-51
3.4.5 Region 5 3-53
3.4.6 Region 6 3-56
3.4.7 Region 7 3-57
3.4.8 Region 8 3-58
3.4.9 Region 9 3-59
3.4.10 Region 10 3-60
3.5 Federal Facilities 3"62
• 3.6 Cross-cutting or Multimedia Initiatives • 3-65
3.6.1 Cross-cutting or Multimedia Projects / Highlights 3-65
3.6.2 Federal Activities 3-68
3.6.3 Pollution Prevention 3-72
3.6.4 Environmental Justice 3-76
3.6.5 Compliance Assistance 3-81
3.7 Performance Partnership Agreements 3-86
Appendix A: Current and Historical Enforcement Data A-l
Appendix B: Significant Administrative, Judicial, and Criminal Cases B-l
May 1997
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FY 1996 Enforcement and Compliance Assurance Accomplishments Report
ACRONYMS
ADR Alternative Dispute Resolution
AO Administrative Order
APO Administrative Penalty Order
BIF Boilers and Industrial Furnaces
CAA Clean Air Act
CERCLA Comprehensive Environmental Response, Compensation, and Liability Act
CFA Civilian Federal Agency
CWA Clean Water Act
DOD Department of Defense
DOE Department of Energy
DOI Department of the Interior
DOJ Department of Justice
EPA Environmental Protection Agency
EPCRA Emergency Planning and Community Right-to-know Act
FFA Federal Aviation Administration
FFCA Federal Facilities Compliance Act
FFEO Federal Facilities Enforcement Office
FIFRA Federal Insecticide, Fungicide, and Rodenticide Act
FY Fiscal Year
MED Multimedia Enforcement Division
MO A Memorandum of Agreement
NET! National Enforcement Training Institute
NOV Notice of Violation
NPDES National Pollutant Discharge Elimination System
OC Office of Compliance
OCEFT Office of Criminal Enforcement, Forensics, and Training
OECA Office of Enforcement and Compliance Assurance
OPA Oil Pollution Act
PPA Performance Partnership Agreement
PRP Potentially Responsible Party
PWS Public Water System
RCRA Resource Conservation and Recovery Act
SDWA Safe Drinking Water Act
SEP Supplemental Environmental Project
TSCA Toxic Substances Control Act
UIC Underground Injection Control
USD A United States Department of Agriculture
UST Underground Storage Tank
WPS Worker Protection Standard
111
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FY1996 Enforcement and Compliance Assurance Accomplishments Report
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IV
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FY96 Enforcement and Compliance Assurance Accomplishments Report
1. INTRODUCTION
Since its inception in 1994, the U.S. Environmental Protection Agency's (EPA) Office of
Enforcement and Compliance Assurance (OECA) has been fostering a balanced approach to
environmental protection. Such a balanced approach would combine enforcement and compliance
assurance activities to protect all Americans from the threats to our health and environment. In
Fiscal Year (FY) 1996, EPA made strong progress toward that balanced approach. These strides
were measured by three primary indicators:
• Number of enforcement actions
• Impact of enforcement activities on the environment
• Number of compliance-related activities.
This FY96 accomplishments report documents those achievements. These programs and policies
work in concert to bring measurable results to the American people —cleaner and healthier air,
water, and land. Enforcement and compliance continue to play a vital and irreplaceable role in
EPA's mission of ensuring that the country's environmental laws work to their fullest extent in
protecting our environment.
The FY96 numbers show that enforcement and compliance efforts recovered from the temporary
effects of the government shutdown and the budget impasse. The short-term consequences were
considerable. Once the impasse was resolved, however, both headquarters and the regions
succeeded in getting the enforcement program on its feet again.
Also in FY 1996, EPA began systematically collecting and reporting on the qualitative impact of
its enforcement efforts. Traditionally, EPA measured its success against enforcement outputs,
such as penalties, fines, and referrals. This year, however, EPA began measuring the positive
impact on the environment from each case. Instead of focusing strictly on a penalty amount, EPA
now also gauges the effect on the environment, such as reduced emissions or elimination of a
hazardous substance.
In addition, as part of its compliance assurance activities, EPA developed and implemented
several compliance-related activities, including its compliance assistance centers and numerous
compliance-related policies. These activities are designed to bring facilities and municipalities into
voluntary compliance, as opposed to using enforcement actions to bring them into compliance.
Overall, FY96 was a positive and productive year for OECA, both in terms of traditional
indicators and its new approaches. This FY 1996 Enforcement and Compliance Assurance
Accomplishments Report \s designed to provide an overview of the significant achievements
gained by EPA's headquarters and regional offices during the past fiscal year. Specifically,
Chapter 2 presents the FY96 quantitative data for all enforcement activities, including inspections;
administrative, civil, and criminal actions; and supplemental environmental projects. In addition, it
attempts to quantify the benefits to the environment as a result of these enforcement actions.
1-1
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FY96 Enforcement and Compliance Assurance Accomplishments Report
Chapter 3 presents information on the specific activities conducted during FY96, including
community-based environmental protection, sector-based initiatives, media programs, multimedia
or cross-cutting programs, and performance partnership agreements. This chapter primarily
highlights policies, enforcement or compliance assurance initiatives, and other activities that
contributed to the protection of human health and the environment. The activities include both
headquarters and regional level activities. The appendices to this report provide information on
traditional enforcement measures over the years and describe significant criminal, civil, and
administrative actions taken in FY96.
May 1997
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FY96 Enforcement and Compliance Assurance Accomplishments Report
2. FISCAL YEAR 1996: THE NUMBERS
Fiscal Year (FY) 1996 was a productive year for the U.S. Environmental Protection Agency
(EPA), both in terms of its traditional indicators (e.g., enforcement actions, penalties) and the
impact of its actions on public health and the environment. EPA rebounded from recent
challenges to post respectable or better numbers in several of its traditional indicator categories.
EPA believes it may have underestimated the impact of the regional enforcement program
reorganizations, but, overall, those problems have been overcome and the "dip" reflected in the
FY95 numbers was an anomaly. All the regions have completed reorganizing and are fully
implementing national and regional priorities.
Exhibit 2-1 presents the total enforcement activities taken by EPA and the states in FY96. As
shown, the states accounted for nearly 10,000 enforcement actions. When EPA and the states
combine efforts and present a unified enforcement approach, Americans can be assured that those
violating environmental laws and endangering health and the environment will be discovered, and
the problems will be fixed.
Exhibit 2-1
FY 1996 Enforcement Activities
EPA Criminal Referrals
EPA Civil Actions for Sanctions
EPA Formal Administrative
Actions
State Enforcement
Actions
2-1
May 1997
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FY96 Enforcement and Compliance Assurance Accomplishments Report
The following sections-of this chapter highlight EPA's various enforcement programs » criminal
enforcement, civil administrative actions, and the Superfimd enforcement program. The chapter
concludes with a discussion of the positive impact of the EPA enforcement program on human
health and the environment.
2.1 Criminal Enforcement
Criminal enforcement continued to be the fastest growing component of the enforcement
program. This reflects the Agency's targeting of the most willfUl violators and violations with
serious potential risk. For example, the number of defendants indicted in FY96 totaled 221. EPA
referred 262 cases to the Department of Justice (DOJ) in FY96 (the previous highest number was
256 in FY95), and the number of cases initiated in 1996 was 548.
In FY96, the period of jail time to which defendants were sentenced totaled 1,160 months,
compared to 860 months in FY95. One hundred and seven individual defendants pleaded or were
found guilty in criminal judicial proceedings, in addition to 33 corporate defendants. More than
$76,660,670 in criminal fines and restitution were assessed in FY96, compared with $23 million in
FY95,
Incarceration is a key component of the criminal enforcement program. Individuals are more
likely to be deterred from criminal environmental misconduct because of the stigma associated
with a criminal conviction, as well as potential imprisonment. Those convicted and sentenced to
jail cannot pass the sentence on as another "cost of doing business;" it must be served by the
violator. Since 1990, individuals have received more than 588 years of incarceration for
committing environmental crimes. Exhibit 2-2 compares the criminal programs outputs for 1994
through 1996.
The numbers presented in this table reflect some major criminal cases concluded during FY96.
For example, the Iroquois Pipeline Operating Company action was the largest criminal
enforcement settlement since Exxon-Valdez, The company and four of its top officials pleaded
guilty to degrading scores of wetlands and streams while constructing a natural gas pipeline from
Canada to Long Island. - The company was required to clean up 30 streams and wetlands and pay
$22 million in fines and penalties. In other elements of the criminal enforcement program, the
total length of sentences increased, while the number of cases initiated and defendants charged
decreased slightly.
2.2 Civil/Administrative Actions
Civil judicial enforcement bounced back strongly in FY96. There were 295 judicial referrals, up
38 percent from the previous year (214). (The combined total of civil and criminal referrals is the
second highest in EPA history). A total of $66.2 million in judicial penalties was assessed, up
almost 90 percent over the previous year. Almost $30 million in administrative penalties was
assessed, down 17 percent from the previous year. The totals of administrative penalty
complaints, conclusions and compliance orders decreased from the previous year. Despite the
May 1997
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FY96 Enforcement and Compliance Assurance Accomplishments Report
Exhibit 2-2
EPA Criminal Enforcement: Major Outputs FY 1994 to FY 1996
600-\
500-
400-
300-
200
100
FY1994
FY1995
FY1996
Cases Initiated
Cases Initiated
525
562
548
Referrals
Referrals
220
256
262
Defendants
Sentences
Fines
IFY94 SFY95 OFYS6
Defendants Charged
250
245
221
Sentences (Years)
99.0
74.0
93.0
Fines ($ Millions)
36.S
23.2
76.7
drop in administrative penalties, the combined total of all criminal fines and civil penalties ($172.8
million,) is the highest in history. Exhibit 2-3 illustrates EPA's combined penalties (including
criminal, civil, and administrative) over the past 3 years. Exhibit 2-4 presents the breakdown of
the FY96 formal civil enforcement actions by statute and type of action.
2.3 Superfund Enforcement
In FY96 the Superfund enforcement program secured potentially responsible party (PRP)
commitments exceeding $1.3 billion. Of this amount, PRPs signed settlements for an estimated
$888.5 million in future response work and settlements for more than $451.6 million in past costs.
Since the inception of the program, the total value of private party commitments (future and past)
is estimated at more than $14 billion ($11.9 billion in response settlements and $2.1 billion in cost
recovery settlements).
In FY96, PRPs initiated more than 70 percent of the remedial work at National Priority List
(NPL) sites. PRP commitments for remedial design and remedial action response work exceeded
$700 million during FY96. The types of remedial response settlements and their estimated values
were as follows:
2-3
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FY96 Enforcement and Compliance Assurance Accomplishments Report
Exhibit 2-3
EPA Penalties FY 1994 to FY 1996
FY1994
FY1995
FY1996
I Criminal
n Civil Judicial
• Administrative
Exhibit 2-4
EPA FY 1996 Formal Civil Enforcement Actions
QTSCA
• SDWA
BRCRA
I3FIFRA
• EFCRA
BCWA
• CERCLA
• CAA
May 1997
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FY96 Enforcement and Compliance Assurance Accomplishments Report
• Thirty-nine consent decrees referred to the DOJ with an estimated response value of
$487 million
• Nineteen unilateral administrative orders with which PRPs complied, for work
estimated at $196 million
• Nine administrative orders on consent and one consent agreement for response work
estimated at approximately $17 million.
To promote enforcement fairness and resolve small party contributors' potential liability under
§122(g) of the Comprehensive Emergency Response and Liability Act (CERCLA), the Superfund
enforcement program concluded 40 de minimis settlements with over 1,800 parties in the fiscal
year. Through FY96, the Agency achieved more than 240 settlements with over 14,000 settlers.
In FY96, the Agency reached a total of 111 administrative orders on consent, and issued 70
unilateral administrative orders. The Agency addressed 181 past cost cases, including statute of
limitation cases, each of which was valued at more than $200,000. Of these cost recovery
actions, 54 were §107 referrals to DOJ, 15 were administrative settlements, 28 were consent
decrees, 1 was a bankruptcy referral, and 83 were decision documents to write-off past costs.
EPA also achieved 220 cost recovery settlements estimated at $451.6 million and collected over
$252 million in past costs during FY96. To date, the program has achieved approximately $2.1
billion in cost recovery settlements and collected more than $1.4 billion in past costs.
2.4 Impacts of Settlements
One of the principles underlying EPA's enforcement program is that the polluter should pay for
and correct the damage caused and prevent future problems. In addition to penalties, the two
main elements of enforcement settlements are injunctive relief- the actions needed to eliminate
noncompliance, correct environmental damage, and restore the environment ~ and Supplemental
Environmental Projects (SEPs) - "extra" actions taken by the violator to benefit the public or the
environment, which are taken into account when assessing a penalty. As noted, this is the first
year that EPA has begun to collect and report systematic information on these components,
although the Agency has collected some data on an "ad hoc" trial basis over the last several years.
Exhibits 2-5 and 2-6 provide a breakout of the environmental impacts of all FY96 enforcement
actions and of the FY96 SEPs.
The total monetary value of all program SEPs and injunctive .relief (including Superfund)
undertaken by regulated entities was $1.49 billion in FY96 (highest of the last 3 years).
In addition to the $1.49 billion, there is an estimated $888.5 million in future Superfund PRP
response work referred to DOJ or in administrative orders about to be finalized. (This amount is
not included in the FY96 aggregate numbers.)
2-5
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FY96 Enforcement and Compliance Assurance Accomplishments Report
Exhibit 2-5
Environmental Impacts of FY 1996 EPA Enforcement Actions
Increased Federal/State/ Other
Local Gov't Benefit
Knowledge 3%
10%
Increased
Public Awarcnes
8%
Environmental Reatoratioi
Land Use
3%
Human Health /
Worker Protection
46%
Ecosystem Protection
28%
Exhibit 2-6
Environmental Impacts of FY 1996 SEPs
Increased Federal/State/Local
Govl Knowledge
4%
Increased Public Awareness
12%
Other Benefit 3%
Environmental Restoration 2%
Human Health /
Worker Protection
51%
Ecosystem Protection
28%
May 1997
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FY96 Enforcement and Compliance Assurance Accomplishments Report
The total value of settlements in any single year depends upon the profile of the non-complying
sectors and violations addressed. SEPs and injunctive relief can be affected by a few abnormally
large cases. For example, the total dollar value of FY95 SEPs was $103 million, while the total
value of FY96 SEPs was $66 million. A $30 million SEP was included in FY96 that was part of a
Clean Water Act settlement with the city of Honolulu, Hawaii. Generally, the cases that involved
the largest expenditures were those in which violators had to install new pollution control
equipment or change their production processes to reduce pollution.
Combining a number of similar types of actions into a broader category, about 25 percent of all
activities (tasks) required by civil judicial and administrative enforcement settlements called for
regulated entities to physically change the way they operated their facilities or reduce emissions or
discharges to the environment. (Note: There are more activities than cases because of multiple
violations or multiple tasks that must be taken to return to compliance.) For example:
• The Colorado Public Service Company will spend $140 million — the second largest
expenditure in Clean Air Act history — to install state-of-the-art pollution controls to
reduce air pollutants at its facility near Steamboat Springs
• The General Motors Corporation will spend about $25 million to recall and retrofit
more than 500,000 Cadillacs to settle charges that "defeat devices" on one of its
engines resulted in illegal emissions of carbon monoxide.
About 75 percent of the activities required by civil enforcement settlements called for regulated
entities to improve their environmental management systems, take preventive actions to avoid
noncompliance, or enhance the public's right-to-know. These three activities could be achieved
through such actions as conducting environmental audits, complying with the Toxic Release
Inventory or other reporting or recordkeeping requirements, properly manifesting hazardous
wastes, and certifying proper asbestos removal training. The majority of these were done through
administrative enforcement. Exhibit 2-7 illustrates the activities regulated entities had to conduct
based on an enforcement action to come into compliance.
The data also indicate that about 46 percent of the injunctive relief in civil cases and 51 percent of
the SEPs provided additional human health protection. Similarly, 28 percent of both injunctive
relief and SEPs protected natural ecosystems. One settlement, for example, will help clean up the
heavily polluted Grand Calumet River in northwest Indiana. The settlement creates a trust fund to
pay for dredging of severely contaminated sediments in the river and to restore damaged wetlands
and wildlife habitat along its banks.
The case conclusion data sheets captured the impact of enforcement settlements in terms of
reduced discharges or emissions of pollution into the environment. The Agency has been able to
report specific pollution reductions in 25 percent of the FY96 settlements with greater reductions
anticipated. This does not mean that only 25 percent of EPA cases resulted in reduced pollution,
but rather that specific information on estimated reductions was available for these cases.
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FY96 Enforcement and Compliance Assurance Accomplishments Report
Exhibit 2-7
What Regulated Entities Had to Do to Comply with FY 1996 Concluded EPA
Enforcement Actions
Percentages are based an number cf
cases which Included complying action
The settlements resulted in aggregate reductions of that can cause respiratory diseases including
asthma (e.g., ozone-creating volatile organic compounds [VOCs], particulates), or can cause
headaches and cardiopulmonary problems (e.g., carbon monoxide).
In FY96, information on concluded EPA enforcement actions specifically indicated that pollutant
reductions or eliminations were required in at least a quarter of the cases. Table 2-1 presents the
pollutant reductions as a result of those actions.
In some instances, significant benefits were secured from one large case:
• Georgia-Pacific Corporation will reduce VOC emissions from its wood product
facilities in eight southeastern states by at least 90 percent ~ a reduction of 10 million
pounds/annually
• The GM recall will reduce excess carbon monoxide emissions by approximately
100,000 tons
In other instances (e.g., lead and asbestos), the cumulative reductions resulted from a larger
number of actions.
May 1997
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FY96 Enforcement and Compliance Assurance Accomplishments Report
These data indicate that the Agency is focusing efforts on the most serious pollutants and
potential risks, making the polluter pay for noncompliance and securing settlements that have a
"real world" impact on protecting health and the environment.
Table 2-1. Pollutant Reductions as a
Result of FY96 Settlements
Pollutant
Carbon monoxide
Lead
VOCs
P articulates
Copper
Asbestos
Carbon dioxide
Chromium
Methanol
Toluene/Toluene waste
Sulfur dioxide
Sulfur oxide
PCBs
Ammonia
NOX
Benzene/Related compounds
Reduction
(millions of pounds)
199,586,928
16,684,787
10,560,777
8,940,646
8,814,755
7,707,764
2,863,967
2,566,524
1,319,615
987,615
632,667
436,368
302,940
250,327
211,097
118,705
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FY96 Enforcement and Compliance Assurance Accomplishments Report
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FY1996 Enforcement and Compliance Assurance Accomplishments Report
3. FISCAL YEAR 1996: THE ACTIVITIES
In Fiscal Year (FY) 1996, U.S. Environmental Protection Agency (EPA) offices at both the
headquarters and regional levels conducted significant enforcement and compliance assurance
activities that contributed to the protection of human health and the environment. These activities
ranged from enforcement and compliance assurance initiatives to policies to voluntary programs
that assist compliance. As part of the Clinton Administration's efforts to reinvent environmental
regulations and address environmental problems on a multimedia, industry-wide basis, these
activities focused on bringing facilities into compliance and reaping the resulting benefits to the
environment.
The chapter is organized into five sections that describe significant activities at both the
headquarters and regional levels. For example, EPA has developed compliance and enforcement
strategies for specific industry sectors that warrant priority attention. Section 3.1 describes these
strategies and resulting activities. For FY96, EPA identified 3 national priority sectors and 10
significant sectors. These sectors were selected as priorities for several reasons, including high
noncompliance rates, high-volume Toxic Release Inventory (TRI) releases, and prevalence among
the regions. Designation as an EPA priority sector means these sectors receive special emphasis,
both in terms of compliance assistance and enforcement.
Section 3.2 discusses special accomplishments and initiatives within EPA's traditional media
programs. Although several specific multimedia initiatives are ongoing within the Agency, the
backbone of environmental protection is the media-based programs (e.g., air, water, toxics). In
FY96, EPA continued its media-based efforts and used them in conjunction with other special
initiatives to ensure the best protection of human health and the environment. This protection was
further ensured through EPA's criminal enforcement program, which is discussed in Section 3.3.
Section 3.4 describes community-based environmental protection (CBEP) activities. In FY96,
EPA developed multimedia enforcement and compliance strategies for environmental and
noncompliance problems associated with particular communities or places, including ecosystems
or other natural resource areas. Community-based approaches, which provide opportunities to
address environmental justice concerns, have proven effective in facilitating collaborative planning
and involvement with the people living in those communities.
In addition to the special initiatives and media programs, EPA has several initiatives ongoing that
are multimedia in nature and cut across several other programs. These activities include
enforcement and compliance assistance at federal facilities, which are discussed in Section 3.5.
Other efforts, including international activities, environmental justice, pollution prevention, and
compliance assistance are presented in Section 3.6.
In FY96, EPA also initiated its performance partnership agreements (PPA) between the regions
and states. Several regions made significant strides in setting up agreements with their respective
states. These PPAs ensure a coordinated approach to environmental protection across an entire
region. Section 3.7 highlights the successes with PPAs.
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FY1996 Enforcement and Compliance Assurance Accomplishments Report
3.1 Industry Sector Priorities
For FY96 and FY97, EPA set three industrial sectors for priority attention: petroleum refineries,
dry cleaners, and primary nonferrous metals. In addition, EPA established 10 significant sectors
for attention: auto service/repair, agricultural practices, industrial organic chemicals, mining,
plastic materials/synthetics, printing, iron and basic steel products, pulp mills, municipal
wastewater treatment for combined sewer overflows/sanitary sewer overflows, and coal-fired
powerplants. In focusing their compliance efforts, regions incorporated a combination of national
priority, nationally defined significant sectors, and regionally identified sectors. EPA selected the
national sectors by considering multiple factors, including industry compliance history, high
volume TRI releases, significant cross-regional impacts, and institutional sector-based expertise.
This section highlights both national and regional sector priorities.
3.1.1 National Sector Priorities
Petroleum Refineries - Petroleum refineries generate a wide variety of hazardous wastes,
effluents, and air emissions in large quantities. Large volumes of wastewater containing many
organic chemicals are routinely discharged from refineries, and PCB transformers are commonly
found at refineries. The activities described below characterize compliance and enforcement
efforts among EPA's regions:
• Region 2 conducted 4 multimedia inspections and 10 single-media inspections at 14
petroleum refinery facilities within the region, involving comprehensive processes analyses
(RCRA). The overall rate of compliance was found to be high. In addition to compliance
monitoring, the region has planned a regional symposium for FY97 and intends to
emphasize the use of SEPs to achieve pollution prevention where possible in Puerto Rico
and the Virgin Islands. Thirteen enforcement actions for CAA, RCRA, and CWA were
brought in FY96, with 9 NOVs issued.
Region 3 examined the compliance
status of all five petroleum refinery
facilities, four of which were found to
be in violation. EPA issued two
NOVs, one AO, and one APO. The
region conducted multimedia
inspections at two major refineries in
May and June 1996. The final reports
will be reviewed for potential
enforcement action in FY97.
In Region 3, an administrative complaint and order was
issued to BP Refining. This case was initiated in support
of the Chester Community environmental justice and
Refinery initiatives. The complaint proposed a penalty
of approximately $162,000 for alleged violations of the
benzene waste NESHAP and was resolved immediately.
The case will result in lower benzene and VOC
emissions when the refinery restarts. The region and
TOSCO (the new owner of the refinery) will discuss
compliance issues when the refinery resumes operations.
Region 4 completed four petroleum refinery inspections during FY96, including one
multimedia inspection. Of these inspections, one resulted in a formal enforcement action
and one an informal action (by either the states or EPA).
May 1997
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FY1996 Enforcement and Compliance Assurance Accomplishments Report
Region 4 drinking water program activities focused on the only refinery with a Public
Water System (PWS). The program reviewed the Safe Drinking Water Information
System (SDWIS) to determine which petroleum refineries in Region 4 have PWSs and
their PW compliance status. Only one refinery— Chevron USA Products Company
(Pascagoula, MS) —was found to have a PWS. Based on state-coordinated inspections,
this facility was found to be in compliance with the federal primary drinking water
regulations. Under the NPDES program, the region negotiated with each state to conduct
inspections and compliance assistance activities at facilities identified in Permit
Compliance System (PCS). Of a total of 32 facilities in this sector category, state
commitments were obtained to inspect 21 facilities.
In Region 5, judicial complaints alleging RCRA violations were filed against two
refineries. RCRA violations at a third refinery were referred to DOJ, and a RCRA
administrative 3008(a) complaint was filed against a fourth refinery.
In addition, representatives from the region's Air and Radiation Division (ARD), Water,
RCRA, and Superfund participated in roundtable discussions with the American
Petroleum Institute (API). ARD's Refinery Workgroup continued its efforts of ensuring
continuous compliance with SIPs, NSPS, NESHAPs, and permits at the region's
petroleum refineries through enforcement and compliance activities. During the year,
enforcement actions and/or ongoing investigations were pursued at 16 of the region's 19
refineries, including five multimedia investigations/cases. The region's Water and ARD
programs participated in various compliance assistance activities with the API. The
region's Water program formed the E Waste and Water subgroup and worked with the
ARD Refinery Workgroup to address specific media problems with the refineries
represented by API. Members of both groups also worked with API to identify and
resolve enforcement issues related to existing regulations. The Refinery Workgroup is
also undertaking a pilot project with one refinery in the region to demonstrate the
environmental benefit of enhanced emissions monitoring.
Region 6 developed an inventory of major
Either EPA or a state agency inspected 39
reports were received,.they were
reviewed. Facility files were made to
identify any possible compliance
problems. Approximately 3 5 majors
have been determined as being
compliant and 14 as noncompliant.
Because these petroleum refineries are,
in most cases, large companies familiar
with the CWA and the regulations,
traditional enforcement was used when
needed. The types of violations found
were either minor deficiencies noted
during the inspections or effluent
and minor NPDES refinery facilities using PCS.
of the 49 major facilities in the region. As the
Region 6 identified numerous issues that must be
handled to more fully address the 47 minor refinery
facilities within the region. These include addressing
compliance tracking and permit issuance for minors,
which has been a secondary priority for the NPDES
program nationally; facilities that are operating under
expired or often outdated permits; and compliance files
that may contain unreliable information or be otherwise
incomplete. In response, the region's enforcement
program has coordinated with the NPDES permits staff
in the Water Quality Management Division to try to
expedite permit issuance/reissuance to minor facilities in
this targeted sector, particularly in priority watersheds.
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violations reported by the permittee. These violations were addressed with warning letters
to nine facilities and AOs to five facilities.
For FY96, the Region 6 RCRA program started to assess compliance trends at smaller
facilities (i.e., production less than 100,000 bis/year) and compare the trends with
historical expectations for this sector. Overall, nine compliance evaluation inspections
(CEIs) were completed at large and small refinery facilities during the June-September
1996 timeframe. Additionally, the region completed two case-development inspections
related to corrective action.
Region 6 commenced roundtable discussions with representatives of Texas Mid-
Continental Oil and Gas Association (TMOGA) and the American Petroleum Institute
(API). Eight work groups were formed to address numerous refinery issues, including
RCRA compliance; benzene wastewater rule; plant fuel gas (NSPS); EPA/state reporting;
information exchange, training, and improper procedures; inspection transactions and
recordkeeping; leak detection/fugitive emissions, and enforcement process-related issues.
The RCRA work group selected three issues for the group's initial consideration--
container management requirements, waste determination, and recycling practices —and
identified possible solutions for the first two. Efforts are underway to develop a best
management practices (BMPs) document to address container management concerns. In
addition, other pertinent documents (e.g., sampling protocol) will be available to industry
to facilitate compliance with waste determination requirements via an interactive Web site.
RCRA work group discussions also indicated that forthcoming Subpart CC regulations
may likely result in future noncompliance.
During FY96, Region 6 inspected eight refineries; the states inspected all other regional
refineries. Arkansas, Louisiana, and Texas, for example, inspected 100 percent of the 3,
17, and 40 refinery facilities in their states, respectively. Other states inspected 3 of 4 and
6 of 7 facilities, respectively. The general compliance rate was found to be high, although
11 state violations were identified. In addition, the region initiated civil judicial
enforcement actions for Basis Petroleum (formerly Phibro), located in Texas City, Texas,
and referred them to DOJ during the fourth quarter of FY96. During the third quarter of
FY96, the region referred air violations at Sun Company, Incorporated, Tulsa, Oklahoma,
to DOJ for civil judicial enforcement action.
Region 7 distributed a guidance document summarizing the final petroleum refining
MESHAP to all facilities with a Standard Industrial Classification (SIC) Code 2911.
Because most of the affected facilities are located in Kansas, the region has focused
outreach efforts in that state. As a separate project, the National Enforcement
Investigation Center (NEIC) compiled the repetitive areas of noncompliance of
environmental issues identified during refinery investigations conducted in the last 4 years.
The resulting document was used to assist enforcement activities of regional, state and
local regulatory agencies. In conjunction with activities of the petroleum sector team, the
region also issued a unilateral administrative order to the Robert Cooley Trust on October
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28, 1996, to abate potential environmental and human health threats at the Mid America
Refining Company (MARCO) site in Chanute, Kansas.
Region 8 has 16 operating petroleum refineries in five states that all have capacities below
60,000 barrels per day. The region organized a petroleum refinery sector team to
comprehensively evaluate the compliance status and the public health and environmental
risk from the petroleum refining industry using a multimedia-based approach. The team
developed targeting data and implemented an interim environmental justice inspection
protocol. In addition, the team considered risk data and calculated a pollution inefficiency
indicator that indicates a refinery's ability to produce a product without releasing toxic
pollutants into the environment.
In Region 8, EPA conducted 16 inspections at petroleum refineries. Two coordinated
multimedia inspections were conducted. Frontier Refining in Cheyenne, Wyoming,
received inspections by air, hazardous waste, TSCA-PCB, and EPCRA 313 within a 4-
week period. Crysen Refining, in Woods Cross, Utah, was subject to inspections by air,
hazardous waste, TSCA Sections 5 and 8, and TSCA-PCB programs. Followup
coordination activities continue. The Underground Injection Control program is using
information request authority to gather Class V well information at refineries. As part of
outreach efforts, the Regional Refinery Workgroup met with the Rocky Mountain Oil and
Gas Association (RMOGA). The meeting was the first scheduled quarterly meeting
intending to begin an open dialog with the members of the RMOGA Refinery Committee,
which represents 13 of the 16 refineries in the region.
During FY96, Region 9 continued to actively conduct inspections, enforcement, and
outreach with refineries. The region specifically pursued compliance with EPA's NSPS
requirements relating to storage tanks with slotted guidepoles for floating roofs, achieving
improved compliance at five refineries. As a result of these actions, several refineries were
among the first in the Nation to employ relatively simple, but effective, controls that will
have a significant impact on reducing air emissions from storage tanks. By reducing these
emissions, the companies are also saving product; therefore the companies benefit at the
same time that public health and the environment are better protected. In terms of
reducing air pollution, the use of these controls equates with taking nearly 5,000 cars off
the road. As part of the settlements in these cases, the companies agreed to install
controls on these tanks, as well as on storage tanks that are not subject to NSPS
requirements. The region estimates that these controls will result in a total reduction of at
least 280,000 pounds of VOCs per year. Refineries involved include Chevron U.S.A.
(Richmond), Chevron Pipe Line Co. (La Mirada), Mobil Oil Corporation (Torrance),
Ultramar Incorporated (Washington), and the Union Oil Company of California (Carson
and Arroyo Grande).
Activities in the petroleum refinery sector for Region 10 RCRA focused primarily on
traditional compliance and enforcement activities. The state of Washington conducted
multimedia inspections on its six facilities. During the inspections, the state used various
tools- traditional compliance monitoring and enforcement, as well as pollution prevention
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FY1996 Enforcement and Compliance Assurance Accomplishments Report
assistance. Similar results have occurred with the 5 facilities in Alaska. In FY 96, EPA
conducted two'inspections at these facilities, one as part of a multimedia inspection.
Neither inspection detected significant compliance issues. Both EPA and the states are
moving toward more compliance assistance with these facilities.
Dry Cleaners - Dry cleaners pose significant air, water, and waste issues and have the potential to
significantly impact human health and the environment. For example, in Region 2 the 5,000 dry
cleaners emit in aggregate 62,500 tons per year of perchloroethylene (perc), a possible
carcinogen, into the air, discharge 16 tons per year of perc in the wastewater, and generate 31.5
tons of solid waste per year. Dry cleaners pose additional challenges because the majority of dry
cleaners are small businesses that may not be fully aware of environmental regulations. This
problem is compounded because language barriers, in many instances, complicate outreach and
educational efforts.
The following activities characterize compliance and enforcement efforts focused on dry cleaners
within EPA's regions:
• The Region 1 air enforcement office completed 93 inspections of dry cleaners, using a
multimedia compliance approach that integrates air MACT, RCRA, and UIC requirements
into the inspection format. EPA issued 31 notices of noncompliance (NONs). The most
common violation involved the failure to keep proper records and to record and/or
conduct equipment leak checks. Impediments to compliance are perceived to be lack of
sophistication of the small business owners, the economics of compliance and, in some
cases, language barriers.
• Region 2 undertook a 2-year, multimedia initiative that combined vigorous compliance
assistance with strong enforcement. Region 2 conducted 180 air compliance
inspections/visits of dry cleaning establishments. Of these, 120 were found to be subject
to the new MACT standard. Thirty-seven of the 120 regulated facilities were in
compliance with the CAA. The Nassau County Department of Health found similar
results during 186 water compliance inspections of dry cleaners. The department found
only 75 (40%) of the facilities in compliance with UIC requirements. Region 2 also gave
four presentations on the national air emission standards for perc to approximately 300 dry
cleaners in New Jersey and 300 in New York City. In addition, the region co-sponsored a
multimedia, multi-agency seminar with the Neighborhood Cleaners Association that
addressed federal, state, and local requirements applicable to dry cleaners in Long Island;
200 people attended.
• Region 3 worked with Small Business Assistance Programs (SBAPs) and EPA's Office of
Compliance to offer a presentation on dry cleaner MACT standard compliance to 700
Korean dry cleaner association members who operate 400 facilities in the greater
Washington, DC, area.
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Region 4 conducted 3 RCRA inspections, 148 air inspections (249 in conjunction with the
state of Georgia), and 10 UIC inspections (Class V) at dry cleaners. Of the 249 air
inspections, the rate of noncompliance was 59 percent.
The Region 5 air program had the states take the lead in addressing and implementing
outreach and compliance assistance activities. Region 5 surveyed state activities and
found the states to be conducting outreach campaigns, especially mailings and workshops.
To assist in measuring the effectiveness of compliance assistance, the Illinois PPA contains
a commitment to develop a method and assess the success of state compliance outreach
and education in this sector. The Underground Injection Control (UIC) branch continued
a source identification project in Illinois, but did not find any dry cleaners discharging into
Class 5 wells. States completed the RCRA inspections projected, and several state
programs provided compliance assistance.
The Air program staff in Region 6 visited approximately 158 dry cleaning sites, and state
small business air programs (Arkansas, Louisiana, New Mexico, Oklahoma, and Texas)
visited 334, for a total of 492 dry cleaners. Approximately 62 of these sites received
additional special onsite assistance due to identified violations or not understanding the
regulatory requirements. Approximately 60 percent of the dry cleaners were found to not
be complying with all requirements (recordkeeping violations were typical, as were waste
management/ disposal violations at sites that are using old equipment [e.g., transfer type
machines]).
Region 6 and the Dallas Small Business Technical Assistance Office developed a video on
dry cleaning to educate dry cleaners on the proper techniques to use to comply with the
federal regulations for dry cleaning. The video, funded through the EPA small business
assistance grant, will be distributed in early FY97.
Region 6 small business programs contacted fabric care associations to publish final
compliance reminders for dry cleaning establishments, in addition to mailing approximately
1,000 reminders to dry cleaners to submit final compliance reports. State small business
programs (Arkansas, Louisiana, New Mexico, Oklahoma, and Texas), the Dallas Small
Business Assistance Program, and the Korean Dry Cleaners Association conducted dry
cleaning seminars. Attendance at the seminars reached approximately 300 in the industry
sector.
Region 6's RCRA program completed 11 multimedia site visits (air and RCRA) in Texas
city. Additionally, four multimedia site visits (air and RCRA) and one RCRA inspection
were completed in the Dallas/Ft. Worth area. Problems ranged from recordkeeping and
training discrepancies to waste management concerns. One-on-one discussions with
facility operators have proven to be highly effective. Of the 16 RCRA site
visits/inspections, only one facility was being considered for a RCRA enforcement action
at the end of FY96. Problems at the other 15 facilities have been addressed with
compliance assistance efforts.
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FY1996 Enforcement and Compliance Assurance Accomplishments Report
• Region 7 conducted 30 RCRA CEIs, including screening inspections for CAA, CWA, and
SDWA in the state of Iowa. The compliance rate improved by 75 percent from the
problems identified in FY95. The RCRA CEIs identified a common problem with open
containers across the industry related to the use of a container provided by one recycling
company. Because the containers were physically difficult to close, all dry cleaning
facilities that used these new containers had violations for open containers. The recycling
company was contacted regarding the open containers, and the inspectors explained the
requirement to facility contacts. During RCRA compliance CEIs, Region 7 provided eight
compliance assistance documents.
• Region 8 received more than 1,600 CAA initial notices from small business dry cleaners,
including both pickup stores and plants with perc systems. All six states in the region
conducted outreach activities for dry cleaners through small business assistance programs
funded from CAA Title V fees program. The outreach activities informed each dry
cleaner owner of the requirements of the national emission standards for perc dry cleaners
that became fully effective September 22, 1996. Outreach was conducted via workshops,
mass mailings of guidance materials, and individual visits. State inspectors also inspected
several dry cleaner operations for both CAA and hazardous waste standards. The region
served warning letters and notices of violation in a few cases. EPA inspectors also
performed nine compliance audits in Wyoming, using a multimedia inspection checklist.
• Li Region 9, numerous state workshops were held for approximately 7,000 dry cleaners.
In addition, onsite assistance was provided directly to about 200 dry cleaners. In the San
Francisco Bay area, local agency inspectors conducted onsite visits to more than 700 dry
cleaning facilities. The regional office also worked with Hawaii to advise dry cleaners on
MACT requirements and the completeness of their dry cleaner initial notifications.
• In Region 10, the states alone performed RCRA compliance monitoring activities at dry
cleaners as part of their overall compliance programs. All four states have devoted
significant traditional compliance efforts to dry cleaners in past years and have transitioned
to compliance assistance. This sector, therefore, is not considered to be a regionally
significant compliance issue for the RCRA program. Of note was the formation of an
Oregon state-wide fund, comprising of contributions from all dry cleaning facilities, that
will be used to help clean up releases from past and present dry cleaning operations. The
state of Washington completed a comprehensive guidebook for the dry cleaning industry
that explains all of the applicable environmental regulations. This booklet is being
translated into various languages.
Primary Nonferrous Metals - The following activities characterize EPA regional compliance and
enforcement efforts focused on primary nonferrous metal facilities:
• Region 3 conducted 30 inspections and reviewed the compliance status of 26 facilities and
found 13 to be in violation. EPA issued five NOVs, three AOs, one APO, and two civil
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FY1996 Enforcement and Compliance Assurance Accomplishments Report
referrals. Two facilities were referred to the state for resolution. Additionally, two
settlements wefe reached with Weirton and Franklin Smelting.
Region 4 conducted 18 RCRA inspections at primary nonferrous metal facilities, including
three multimedia inspections. Of the 18 inspections, 1 resulted in a formal enforcement
action and 3 in informal enforcement actions (by either the states or EPA). AEEB also
conducted 18 inspections, including 3 multimedia inspections, but found no significant
noncompliance. Water program activities included a regional focus on primary nonferrous
metal facilities with a PWS. The region coordinated single-media inspections with
delegated states. The NPDES program negotiated with each state to conduct inspections
and compliance assistance activities at 9 of 10 facilities identified in PCS as belonging to
the industry sectors in each state.
In Region 5, ARD closely monitored the actions of a primary copper smelter in complying
with the requirements of a federal consent decree filed in 1995. As part of the decree, the
company elected to cease operations and seek permits to construct a new plant. Region 5
personnel are working with the Michigan Department of Environmental Quality (DEQ) in
reviewing a pending permit application.
Region 6 conducted a RCRA initiative focused on foundries. Baseline data on foundries,
obtained through 23 inspections (FY94/95), indicated an overall noncompliance rate of 60
percent with RCRA regulations. Of the five EPA enforcement actions taken thus far in
the foundry initiative, one complaint and three final orders were issued in FY96. During
FY96, penalties totaled $1.35 million, and injunctive relief valued at $513,000 resulted in
the removal of approximately 5,500 tons of hazardous waste from communities during
site cleanup. The foundry initiative focused on creating partnerships between EPA, states,
and industry, as well as on using inspections, enforcement, compliance assistance, and
incentive tools to complement each other and facilitate compliance. With Texas
completing its foundry program in FY97, for example, EPA expects that at least half the
industry (i.e., 150 foundries) region-wide will have participated in the compliance
assistance element of the program.
Region 7's primary nonferrous metals manufacturing sector team conducted a thorough
review of all four facilities located in Region 7. Three of these were lead smelters and one
was an aluminum smelter. In each case, these facilities already had high profiles in the
region and were already being closely evaluated by Region 7 on a cross-program basis.
In Region 8, the Technical Enforcement Program (TEP) in the Office of Enforcement,
Compliance, and Environmental Justice began focusing on the sector approach. Each
sector drafted a sector workplan that described in greater detail the activities that would
take place in that sector for FY96 and FY97. The mining and nonferrous metals sector
workplan included the commitment to concentrate on nonferrous metals facilities in FY96.
TEP activities in the primary nonferrous metals sector included universe identification and
comprehensive evaluation of nonferrous metals facilities.
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In September 1996, the U.S. District Court entered a
consent decree requiring Cyprus Bagdad Copper
Corporation to pay $475,000 to the United States and
$285,000 to Arizona to settle violations of the federal
Clean Water Act and the Arizona Environmental Quality
Act at the company's Yavapai County copper mine. In
May 1996, the District Court entered another consent
decree requiring Cyprus Miami Mining Corporation to
pay penalties totaling $295,000 to the United States and
Arizona for past violations at its Gila County mine. The
decree with Cyprus Miami further requires that the
company undertake a supplemental environmental
project to stabilize and reclaim inactive tailings
impoundments resulting from historic copper ore milling
operations at the site.
• Region 9 continued its efforts on the
Arizona Copper Mines Initiative. The
region initiated settlement discussions
regarding NPDES permit violations at
five mines, and developed cases for
violations at several non-permitted
facilities. The region also played an
active role in the national enforcement
case against ASARCO, including
gathering additional information for
the enforcement cases and
participating in settlement discussions.
EPA Region 9 and the state of
Arizona concluded several enforcement
actions as part of the Arizona Copper
Mines Initiative. This multiyear initiative was undertaken to assess the impact of active,
inactive, and abandoned copper mines on surface water and groundwater, to develop an
inventory of Arizona copper mines, and to ensure the cleanup and remediation of
contaminated mine sites. The U.S. Bureau of Mines, U.S. Forest Service, Arizona State
Mine Inspector's Office, Arizona DEQ and Region 9 inventoried more than 7,000 mines
sites and developed a list of approximately 700 high potential problem mines. The
initiative's objectives include the completion of demonstration projects and voluntary
cleanup of inactive and abandoned mines through outreach and cooperative agreements
with the mining industry. EPA and the state also have taken enforcement actions to
secure compliance with federal and state water pollution laws.
• Region 10 focused on the 10 aluminum smelters in Washington and Oregon. Both states
are now authorized for K088 potliner waste. While these facilities are primarily overseen
by the states, EPA conducted two inspections at aluminum facilities, both of which
resulted in only minor compliance issues. The region also engaged in extensive
discussions with the Washington State Department of Ecology about recycling the potliner
waste under a proposal submitted to the agencies. In addition, the region formed a
multimedia coordination team to address the environmental issues posed by FMC, a
phosphorous producer on tribal land in Idaho.
3.1.2 Regional Sector Priorities
In addition to national sector priorities, EPA regions implemented regional sector enforcement
and compliance priorities from among the nationally defined significant sectors and regionally
developed sector priorities. Regional sector targeting allows each EPA region to focus on the
environmental and health problems that are most pressing in its area. In addition, as one region
noted, "sector targeting is proving to be an effective approach for coordination across programs,
of various tools, and with state partners; targeting for assistance and enforcement; and assessment
of results." The following discussion highlights regional sector priorities.
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FY1996 Enforcement and Compliance Assurance Accomplishments Report
Region 1 - Region 1 conducted regional sector initiatives in the following sectors: organic
chemical manufacturing, printing, electronics and computers, and metal finishing. In the printing
sector, the region conducted compliance activities, developed a pollution prevention manual,
conducted focus groups, held eight workshops, participated in the Common Sense Initiative (CSI)
national work group, and supported a new low-VOC ink demonstration project.
Using an approach that integrates enforcement and assistance, the region found violations in 70
percent of its inspections of metal finishing facilities. As a result of this enforcement targeting,
began an initiative to perform pollution prevention and compliance audits of small metal finishers,
conducted six workshops, and is producing a model facility video.
Region 2 - The Region 2 universe in the industrial organic chemical (IOC) sector includes 194
facilities that use and generate a wide range of chemicals through a variety of processes.
Compliance monitoring and enforcement activities conducted in FY96 include 31 RCRA
inspections, resulting in one NOV and another under consideration at the end of the FY; 6 air
inspections, resulting in one administrative order being issued; 3 TRI inspections, and 9 TSCA
inspections. In an effort to provide wide coverage of the regulated community in this industrial
sector, the region focused inspections at facilities that the states have not inspected routinely. Of
the facilities selected for inspection, RCRA found the compliance rate to be very high (97%). The
other programs have also found a high rate of compliance in this sector.
• Printers/ Graphic Arts - New York and New Jersey have more than 8,000 printers/graphic
arts facilities, which emit in aggregate 12,180 tons per year of VOCs. Region 2 undertook
a compliance/enforcement initiative to ensure that printers are complying with the
CAA, The region inspected 25 printers in the New Jersey harbor area and 40 printers in
New York city over the last 2 years and found 92 percent and 80 percent compliance
rates, respectively. Region 2 sponsored a New York City printer education project along
with EPA headquarters, New York City DEP, and New York State DEC as part of EPA's
CSI to help inform local printers about pollution prevention measures and build
community understanding of the pollution prevention techniques used by this sector. The
region has actively hosted meetings with local New York printers, trade associations,
community groups, regulators, and technical assistance providers to identity customer
needs and encourage project participation. These efforts produced an environmental
compliance and pollution prevention technical assistance directory for New York City
printers.
• Pharmaceutical Sector - Region 2 coordinated with the Chemical Industry Branch in the
Office of Compliance in planning compliance assistance and pollution prevention activities
for this sector. Headquarters and the region agreed tb create a pharmaceutical sector
notebook. In addition, they held three pollution prevention/compliance assistance
outreach seminars designed to reach a diverse audience, including facility representatives,
permit writers, inspectors, and enforcement staff. The region also compiled a master list
of all programs' pharmaceutical inspection candidates for FY96 and FY97. Based on this
compilation, 4 multimedia consolidated and 23 coordinated inspections are planned (9 in
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FY1996 Enforcement and Compliance Assurance Accomplishments Report
NY, 8 in NJ, 6 in PR) in the next 2 years. All consolidated inspections were performed as
of April 30, 1996. A multimedia inspection of one facility from this list (Tishcon)
uncovered significant violations in several programs. In addition, the RCRA and NPDES
programs have conducted three coordinated inspections to date.
Region 3 - Automobile Service Sector (S/SW Philadelphia) - In conjunction with a community-
based study being conducted in south and southwest Philadelphia, Region 3 developed a pilot
project to improve awareness and compliance with environmental regulations at auto body and
auto repair shops. A multi-stakeholder workgroup designed the pilot program and is developing
workshops and summarizing Pennsylvania, EPA, and city of Philadelphia regulations applicable to
autobody and autorepair shops. In addition, Philadelphia Air Management is planning mailings
and workshops on new autobody regulations and the Pennsylvania DEP assigned its contractor to
develop a fall workshop for the sector.
• Surface Coating Sector (Metal Furniture - ARID) - Region 3 reviewed the
compliance status of 24 facilities. Of these, eight facilities were found to be in
violation, and two others are suspected to be in violation. EPA issued three NOVs,
three AOs, and one civil referral. Compliance assistance was offered to two facilities.
EPA referred three facilities to the state for enforcement action. Due to the number of
violations and the relatively small size of the facilities, a compliance assistance
initiative was launched. In Pennsylvania, 402 potential candidates were identified.
Forty-eight of these facilities were sent invitations to participate in compliance
assistance and compliance incentive activities. Seven will participate during FY97.
These activities will be expanded to Virginia and Maryland.
Region 4 - Plastic Materials and Synthetics - The RCRA program completed 11 inspections
(including 3 multimedia), resulting in 2 informal enforcement actions by the states or EPA.
AEEB conducted 20 inspections, finding no significant noncompliance. Of the 20 inspections
conducted, 3 were multimedia. The program reviewed SDWIS to determine which plastic
materials and synthetics facilities in Region 4 have a PWS and their PWS compliance status.
Seven plastics and synthetics facilities in Region 4 were found to have a PWS. In FY97, the
Drinking Water program will complete its review and assessment of SDWIS data for violations at
these facilities, and determine if compliance assistance or formal enforcement is appropriate.
• Agricultural Practices - Region 4's RCRA program completed 2 inspections and took
one informal enforcement action. In addition, North Carolina is concentrating
enforcement activities on animal feedlots, primarily the tremendous growth in hog
farms in the state. Tennessee's Department of Agriculture agreed to reduce nonpoint
source pollution from agriculture practices. In addition, Tennessee requires fertilizer
and pesticide manufacturers to submit storm water pollution prevention plans to
document operating practices that minimize runoff and leachate pollution.
• Chloro-Alkali Facilities - RCRA completed two inspections, including one multimedia
inspection. AEEB conducted three inspections, two of which were multimedia, and
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found no significant noncompliance. Drinking water program activities included a
regional focus on chlor-alkali facilities with a PWS. The number of single-media
inspections was coordinated with delegated states, as appropriate. In addition,
compliance assistance activities were conducted.
Region 5 - Iron and Basic Steel Products - Regional activity increased at steel-producing facilities
during FY96. Traditional enforcement tools continue to be the main route for achieving
compliance, but innovative means of using these traditional tools have been employed. For
example, the coke oven NESHAP has become a useful tool in monitoring the compliance status of
coke batteries in the region due to its daily compliance monitoring requirement for several
emission points at the coke battery. In more than one case, NESHAP data have been used to
enforce SIP and permit limits. SEPs are being actively sought in all settlement cases, especially
since most iron and steel facilities are located in GEI areas or environmental justice areas. For
example, a settlement with a coke plant in Illinois includes a SEP that will replace an existing
end-of-the-pipe treatment system for charging emissions with a system that recycles the emissions
back into the coke battery. Most of the ARD activity is in some stage of enforcement. Emission
reductions are or will be realized as injunctive relief is obtained and SEPs implemented. These
activities are expected to bring about major reductions in the levels of paniculate matter, VOCs,
and hazardous air pollutants.
• The UIC Branch continued its compliance monitoring, inspection, and enforcement
activities under this sector. In addition, work on the Bethlehem Steel case, which was
referred to DOT continued. In FY96, a number of active cases with steel mills, primarily in
northwest Indiana, continued to develop. SEP activities were concluded at a major mill,
leading to the removal of more than 100,000 yards of contaminated sediment from the
Grand Calumet River. Additional SEPs were negotiated with the steel companies to
conduct work in cleaning up an additional 5 miles of the river. The Water program
worked closely with the Natural Resource Trustee in northwest Indiana to restore or add
habitat to the Grand Calumet River ecosystem, associated with the steel mills.
• Multimedia Iron and Steel Sector Activities -Region 5's Water program, along with ARD,
developed the mini-mill initiative and followed up letters sent to industry with meetings to
explain the initiative and to offer assistance to small businesses in a manner consistent with
EPA policy. The initiative encourages self-audits and self-reporting, since many of these
shops have not been inspected in several years. Based on an ongoing case, compliance
problems involving release of contaminated water from slag quench into groundwater may
be a common industry issue. Contaminated water was found to be seeping into surface
waters from process pits leaking into groundwater in northwest Indiana. Facility
inspections as well as Agency Common Sense Initiative (CSI) Iron and Steel effects, are
attempting to alert industry to the issue and gain compliance if problems are found. ARD
has found that many of these shops have replaced equipment, which may trigger NSPS.
The success of this initiative cannot be evaluated at this time.
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• Industrial Organic Chemicals - Air program work focused generally on getting federal,
state, and locafstaff conversant with the requirements of the HON regulation and training
staff in inspection techniques.
Region 6 - Industrial Organic Chemicals - The CWA program inspected approximately 71 of 104
major facilities. Fifty-five of these were determined to be compliant and 31 noncompliant. In
response to the violations noted in inspection reports and effluent violations, 15 warning letters
were written and 10 administrative orders issued. In addition, the enforcement program has
coordinated with the permits staff in the Water Quality Management Division to expedite permit
issuance/reissuance to minor facilities in targeted sector and priority watersheds. The air program
inspected 17 facilities identified under the industrial organic chemical classification and provided a
MACT information package specific to the facility for the inspector. The RCRA program
completed 10 inspections at industrial organic chemical facilities. Overall, no substantive RCRA
violations were found. The RCRA program is attempting to assess compliance trends at smaller
facilities and, subsequently, compare the trends with historical expectations for this sector.
• CAFOs - A Cumulative Risk Index Analysis (CRIA) team is developing an algorithm
to evaluate the cumulative impacts associated with concentrated animal feeding
operations (CAFOs). The main forces driving the development of the CRIA derives
from a need for an efficient time- and cost-savings decisionmaking process for
issuance of general permits to CAFO. The CWA program concentrated on getting
information to the CAFO industry and on assisting individuals in taking action to be
covered by the general permit. In general, medium and large size industries have
chosen to be covered. Smaller industries are not required to obtain coverage and have
not done so. Through inspections (the states of New Mexico and Oklahoma
performed approximately 305), outreach activities, and performance monitoring under
the general permit, the region was able to upgrade the knowledge of regulatory
requirements and compliance
performance of many existing and
new facilities.
Automotive Repair - The primary
concern of the Region 6 air
program for this sector has been
the proper use of materials
containing chlorofluorocarbons
(CFCs) and control of illegal
importation of Class I materials
(e.g., R-12 used in motor vehicle
air conditioners). The region
continued outreach to the
regulated community and general
public. As the program has
matured, EPA's role has shifted
Agricultural Practices
In August of 1996, the Louisiana Department of
Agriculture and Forestry (LDAF) worked with the
Louisiana Department of Environmental Quality, the
Louisiana Department of Wildlife and Fisheries, and
state commercial pesticide applicators, farmers,
consultants, and industry associations to address a series
of pesticide-related fish kills in the northeast part of the
state. The state agencies determined that the fish kills
were linked to several pesticides used in cotton
production, including curacon, methyl parathion, and
azinphosmethyl. Numerous inspections and
investigations found no misuses of pesticides. Through
outreach to cotton producers in the area that outlined a
strategy for reducing the amounts of pesticides washed
into adjacent waterways, the agencies were able to
prevent additional fish kills. The LDAF commended the
cooperation by the cotton-producing community in
northeast Louisiana.
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from information disseminated through presentations and mailouts of information
packets to collection of alleged violation information, enforcement and penalty actions.
To help obtain accurate, provable information from citizens that will lead to successful
enforcement actions, the region developed a letter and form requesting written details
of alleged noncompliance. In FY96, the region assessed penalties two cases, issued
two AOs, ditributed five section 114 letters to facilities suspected of violations, and
took no action in three cases. The region also developed training for customs agents
and other concerned agencies in the United States and Mexico to increase their
knowledge of the problem of ozone depletion, the regulations to address the problem,
and ways in which the material is being illegally transported. This training, which
includes a reference manual and was given in both English and Spanish, has proven
highly successful.
• Sanitary Sewer Overflows - The Water Enforcement Branch continued to address
facilities experiencing sanitary sewer overflows in their collection systems. Meetings
were held with several of the facilities to discuss the city's compliance plan and
schedules. As schedules were agreed upon, administrative orders were issued to the
facilities incorporating the schedules. Eighteen administrative orders were issued to
permittees with Sanitary Sewer Overflows (SSOs), 10 of which were schedule orders.
In addition to working with the individual cities, training was held for the Southeast
Section of the Water and Industrial Waste, Incorporated, an operators organization in
southern Louisiana; as well as to the Region 6 American Consulting Engineer's
Council Workgroup, the Northeast Texas Section of the Water Environment
Federation and to an ad hoc group of owners and operators of North Texas collection
systems.
• Combustion Strategy - Boilers and Industrial Furnace (BIF) - The region conducted
five BIF inspections, based upon inspection frequency (i.e., amount of time lapsed
since the last inspection). Additionally, the region inspected the only active CERCLA
incinerator. Although no new enforcement actions were initiated, the region filed
seven final administrative orders with penalties totaling $544,000. The actions
produced $279,000 in injunctive relief and $2,750,000 in SEPs. The final orders
addressed approximately 14 million tons of waste.
Region 7- In FY96, Region 7 formed multimedia sector teams for the three national and two
significant sectors selected by the region. Each team comprised representatives from all the
appropriate Region 7 media programs, Office of Regional Counsel (ORC), Enforcement
Coordination Office (ECO), and pollution prevention staff. Each sector team had a team leader,
and the teams evaluated each sector for environmental and compliance problems. The teams also
targeted and implemented appropriate enforcement and compliance assistance activities tailored
for the sector presence in each Region 7 state. The results were very different for each sector.
The region is still evaluating the results of its sector activities, but has gained valuable insight into
the resources, practices, and impediments associated with implementing multimedia sector
activities.
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• Automotive Service/Repair Industry - Region 7 staff developed and staffed an
information booth at the Vision 2000 Hi-Tech Training and Exposition in Kansas City,
Missouri, on March 1-3. This exposition provided printed information on topics and
regulations related to auto repair to approximately 1,200 automotive service
technicians, shop owners and operators, and industry vendors in attendance. The
Kansas Department of Health and Environment (DHE) UIC program closed a Class
IV well at a radiator repair shop. The well, a septic tank/leachfield, was contaminated
with high concentrations of lead. Sludge and rinsate from the shop had lead levels as
high as 129.7 mg/1. However, most of the lead was captured in the sludge, which was
removed. Floor drains were plugged, the tank removed, and the subsurface
remediated. The region also closed five industrial disposal wells. These closures
included a Class IV well, which is currently undergoing RCRA and UIC remediation.
Most of the wells are associated with motor vehicle repair waste streams.
• Agricultural Sector - Region 7 developed a draft guidance handbook for agriculture
dealerships that gives a synopsis of EPA regulations that affect farm suppliers and lists
state and Region 7 contacts who can answer questions. The region also issued
guidance to all of the state and local air agencies on how to calculate the potential to
emit air emissions for grain elevators. In addition, the wetlands program of EPA
developed two fact sheets that fit into a national brochure. The results of 20
inspections by the Kansas Department of Agriculture, which focused on grain-
handling facilities in Kansas, indicate a significant level of noncompliance with the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (i.e., 13 administrative
compliance conferences, 5 warning letters, and 20 NONs). The second phase of this
initiative, which will be implemented in FY97 includes development of compliance
materials to address these violations.
Region 8 - Coal-Fired Powerplants - Thirty-eight significant coal-fired powerplants operate in the
region. The region selected this sector because of ongoing issues related to the new acid rain
program and impact of plants on prevention of significant deterioration (PSD) Class I areas and
plant impacts in nonattainment areas. Most plants in Region 8 are subject to programs
administered by the states via EPA-approved SIPs or delegations of federal programs. Thus, the
states have the enforcement lead. The region focused on evaluating the compliance status of all
coal-fired powerplants generating more than 25 MW of energy. In addition, environmental justice
issues were evaluated for all the CFPP facilities. The region identified 20 plants that warrant
attention and worked with the states to address all concerns.
• Agriculture - Region 8 formed an Agricultural Practices Team to develop and
implement a multimedia sector compliance strategy. Agricultural chemical (i.e.,
pesticide and fertilizer) manufacturers and distributors, as well as feedlot operations,
were identified as the practices or facilities of greatest concern in Region 8. Efforts
were made to increase the amount of compliance assurance and compliance assistance
devoted to these practices and facilities. The region worked with state environmental
and agricultural agencies to identify 10 facilities from the above categories for
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comprehensive multimedia compliance evaluations. Facilities were targeted primarily
using size, compliance history, and cross-media interest, but the region also attempted
to work with the states to consider such factors as potential risk to human health
and/or the environment and environmental equity. Each state has committed, either in
its SEA or PPA, to support this initiative. Although some evaluation activity
occurred in FY96, the majority of the evaluations will occur in FY97. In addition, the
region has taken steps to cross-train or to at least increase the awareness of its
inspectors of the various environmental statute requirements applicable to the
agricultural practices sector.
Auto Service Industry - Region 8 developed a strategy to improve the compliance
status within the auto service sector. This strategy incorporated inspecting or
contacting 5 percent of the identified 25,000 auto service facilities in the region. The
plan identified an approach to contact large masses of the sector through the regional
compliance assistance effort, which was developed in a partnership with Front Range
Community College. Additionally, the region developed an inspection strategy to
look at the significant noncompliers and other targeted facilities. Within this
inspection plan, the region identified specific numbers of inspections in the auto service
sector to each state in its respective workplan. These targets were identified in
accordance with the number of auto service facilities within the region and each state.
The region also participated in numerous citizen complaint inspections in Colorado.
Mining - Region 8 referred 6 CERCLA section 106 and/or 107 actions at mining-
related sites. In addition, the region concluded 10 CERCLA administrative order
actions at mining-related sites. The region also entered into alternative dispute
resolution in an attempt to resolve a cost recovery action at a mining site in Utah. At
several other sites, the threat of CERCLA response actions at sites impacted by mining
activities has prompted response actions under other authorities. The NPDES
program settled the judicial case against Zortman Mining Incorporated/Pegasus Gold
Corporation (PGC) resolving CWA violations at the Zortman and Landusky mines.
The conditions of the settlement require PGC to pay the United States and the state of
Montana $2 million in fines. In addition, PGC will spend approximately $1.6 million
to conduct a community health evaluation and an aquatic study, as well as improve
five different drinking water systems on the Ft. Belknap Reservation. PGC will also
submit financial assurance totaling $32.3 million to the state of Montana to cover the
costs of long-term water treatment. The Ft. Belknap Community Council will also
collect $1 million from PGC. This is the largest total settlement in Region 8 for CWA
violations to date. In addition, the TSCA program issued a complaint and notice of
opportunity for hearing to Zortman Mining, Incorporated, alleging that six 1.9 gallon
General Electric pyranol, PCB, large, high voltage capacitors removed from use were
not marked as required. The complaint contains a proposed fine of $3,000.
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Region 9 - Agriculture Initiative - The Agriculture Initiative includes various activities in support
of community-based agricultural pollution prevention in FY96, with an emphasis on improving the
region's ability to monitor and measure environmental improvements. Progress in implementation
of demonstration projects included the addition of at least 30 new farmer participants utilizing
biological farming practices on more than 500 acres across four counties in the Central Valley of
California. New community partners in the biological farming projects were also brought on
board. The region also supported the Biologically Integrated Orchard System project, a
demonstration project working with California's billion dollar almond and walnut industries to
reduce pesticide and fertilizer use. This project has achieved reductions or elimination of the use
of priority pesticides that are known to be contaminating groundwater, surface water, and air;
reductions of synthetic nitrogen; eliminations of open-air burning of orchard pruning debris; and
enhanced soil quality that improves water-holding capacity while resisting erosion and minimizing
PM-10.
• Auto Repair/Service Shops - Region 9 has supported the San Francisco Bay Area
Green Business Recognition Program, a multiagency program that recognizes
businesses for environmental compliance and excellence in resource conservation and
pollution prevention. During FY96, the program established green business program
steering committees in Alameda and Napa counties, identified and secured lead agency
commitments from the Alameda County Department of Environmental Health (DEH)
and the Napa County DEM, finalized both a "compliance" and "green business"
checklist for the automotive repair industry, prepared a Green Business Program
Implementation booklet, developed, local marketing and public awareness plans, and
tested the program on 7 to 10 auto repair shop volunteers in both counties. In early
FY97, the group will hold program kick off meetings with Alameda's meeting
scheduled for early November and Napa's meeting scheduled for early January.
Region 10 - Mining - During FY96, the regional mining coordinator and Office of Water Mining
specialist developed a draft regional mining strategy to identify ways to improve environmental
conditions at mine sites across the region. The strategy identifies specific tasks necessary to
achieve necessary improvements, focusing on early involvement in mine site planning, setting
priorities for inactive and abandoned mine reclamation, and recognizing the need to work with a
variety of partners to achieve overall environmental improvement goals. In addition, the region
has worked with the Forest Service on enforcement actions at several abandoned mine sites in
Oregon, Washington, and Idaho; joined a federal lawsuit against a number of mining companies in
the Coeur d'Alene mining district in an effort to seek funding for environmental and human health
cleanup actions; and funded two efforts to promote mine site cleanup in the Coeur d'Alene Basin.
TheNPDES compliance section has also undertaken enforcement/compliance at several mine sites
in Alaska and Idaho this past year.
• Auto Service/ Repair Shops - The authorized states have devoted significant resources
to these facilities and, now, primarily focus on UIC/RCRA outreach and technical
assistance. In Alaska, EPA worked with the state agency to develop and partially fond
the Pit Stop program, a technical assistance program specifically directed to this
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FY1996 Enforcement and Compliance Assurance Accomplishments Report
sector. EPA will use the results from this program, which has been well received by
the regulate'd community, in determining the overall RCRA priority for this sector in
FY97, in conjunction with other EPA direct implementation programs under
leadership of the UIC program.
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3.2 Media-specific Programs
As demonstrated throughout this document, EPA has developed several different initiatives
focusing on very specific segments of environmental protection (e.g., community-based
environmental protection, industry sectors). Through its specific media programs, EPA is using
all of its available tools (e.g., compliance assistance, compliance monitoring, and enforcement) to
ensure the overall quality of environmental performance remains high. These programs ensure
that all regulated entities comply with their environmental requirements, regardless of their
specific sector, size, or location.
This section presents the Agency's compliance assurance and enforcement highlights and
accomplishments in each of the media-specific programs. Media-specific priorities set for FY
1996 included the following:
• Air - air toxics, operating permits, and implementing new enforcement tools
• Water - watershed approach, safe drinking water, and wetlands protection
• Toxics, Pesticides, and EPCRA - protect human health from high risk and hazardous
chemicals, ensure emergency preparation and notification information and release
information is available to communities
• RCRA - new regulations, outreach and assistance, and generators
• CERCLA - worst sites first, enforcement first/cost recovery, and enforcement
fairness/reduction of transaction costs.
3.2.1 Air
The Agency's air program has the responsibility of ensuring that the United States and its
territories maintain a high level of air quality. The program accomplishes this task basically by
enforcing and assisting compliance with the Clean Air Act and its implementing regulations. The
following are some of the major accomplishments for the air program in FY96:
• Clean Air Act Citizen Awards Program - In FY96, EPA, in conjunction with other
federal agencies, developed and implemented the Citizen Awards Program. The
purpose of the program is to present monetary rewards (up to $10,000) to citizens
who furnish information or services that lead to a criminal conviction or civil penalty
under the CAA. EPA expects the awards program will encourage citizens to become
more involved in EPA's enforcement of environmental laws, and that compliance with
the Clean Air Act will increase. Although the final rule has yet to be published, EPA
has the authority to offer and pay awards. EPA decided to carry out a pilot awards
program to gain experience before issuing a final rule.
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FY1996 Enforcement and Compliance Assurance Accomplishments Report
• Outreach on Specific Industries - Region 1 conducted enforcement assistance
activities in" several communities on urban auto repair shops. In Providence, RI, and
Methuen, MA, air and toxics program representatives and other EPA staff met with
town officials to provide compliance monitoring and enforcement guidance. In
Boston, MA, the region participated in joint inspections with the city's environmental
strike force. In addressing this sector with an urban priority overlay, the region found
EPA existing regulatory authority did not adequately reach the most serious facilities,
so it focused instead on building local capacity to use the communities' more effective
tools of zoning.
• ENWESTAir Initiative - In FY96, Vandenberg Air Force Base, the Santa Barbara
County Air Pollution Control District, and EPA Region 9 reached preliminary
agreement on a final project for the Vandenberg ENWEST Air Initiative. The
objective of the Vandenberg ENWEST initiative is to transfer money allocated for
Title V compliance to fund emission reduction activities at Vandenberg Air Force
Base. Vandenberg, with the help of Santa Barbara's Innovative Technology Group, has
completed a feasibility study to retrofit boilers and expects to have a plan by early
1997 that will achieve a 10 ton-per-year reduction of NOx.
• Stratospheric Protection Program - Region 9 developed a marketing plan to promote
citizen awareness of the health effects related to. ultraviolet radiation during the month
of September, which was declared "Ozone Layer Awareness Month" (OLAM) in the
region. Educator guidance kits were mailed to over 900 science teachers,
environmental educators, and school principals in the four-state area. San Francisco
Community Television promoted OLAM with the telecast of "Ozone: Double
Trouble."
In addition to these activities, nearly every region within EPA focused its efforts on outreach,
compliance assistance, and enforcement activities regarding the newly-promulgated Maximum
Achievable Control Technology (MACT) rule. This rule includes a market-based provision,
called emissions averaging, that allows facilities flexibility to control certain emissions points to
achieve the required emissions reductions in the most cost-effective manner possible. The MACT
rule spells out how facilities may use emissions averaging and which emission points may be
included. The following highlight some of the activities conducted during FY96 in regard to the
MACT rule:
• The air toxics program in Region 6 initiated several pilot programs to determine how
to implement the MACT programs. The pilot programs involved the aerospace and
chromium electroplating/anodizing MACT standards. The electroplating/anodizing
MACT was chosen as a pilot for compliance assistance to small businesses. State
small business offices were approached for assistance and to identify non-hotifiers. In
addition, compliance assistance was initiated to facilities that did not submit accurate
or complete notifications. Under this MACT, the region has initiated review and
approval of compliance extensions and alternative monitoring schedules. The
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aerospace MACT was chosen to pilot procedures for identifying the universe of
applicable sources. Additionally, assistance was provided to those facilities that have
already notified to improve the accuracy and completeness of notifications.
• Region 7 conducted outreach on the chromium electroplating MACT rule. Seventy-
five sources in Region 7 self-reported as being subject to the chromium electroplating
MACT. The air program made 63 telephone calls to sources the region identified as
potentially subject to the new standard but that did not report. This effort identified 15
additional sources subject to the MACT. These sources were sent compliance
assistance materials, including a copy of the regulation and a compliance reference
book.
requested alternative monitoring from
is the only request the region and
In a significant enforcement case involving asbestos in
Region 2, a judge levied the maximum penalty of
$2,975,000 against Hoboken Shipyards/Sandelwood
Construction Company for 119 violations of the asbestos
NESHAP regulations. In setting the maximum penalty,
the judge cited the company's lack of respect for
environmental regulations. The company continued to
demolish buildings without prior removal of asbestos and
proper notification to EPA even after receiving an
administrative order from EPA and a federal court
preliminary injunction.
Li Region 8, AMOCO in Salt Lake City, Utah,
40 CFR 60 Subpart J. The AMOCO protocol
headquarters reviewed and commented on
prior to testing. The protocol was submitted
after Region 8 and headquarters issued a
clarification paper on the critical factors to be
addressed in an alternative monitoring
demonstration for Subpart J.
Region 9 initiated and developed an outreach
program that responds to inquiries from
industry, the public, and interested state/local
agencies on the MACT. A master list of
MACT regulations was prepared in FY96 to
serve as the basis for the region's outreach and
compliance efforts.
3.2.2 Water
Protecting our nation's water resources has been an ongoing activity in this country for more than
100 years. Legislation to prevent pollution of the oceans, rivers, lakes, and streams was enacted
long before there ever was an EPA. Today, protection of those same resources remains a high
priority for EPA and its state partners, who strive to maintain that protection through the
implementation of two water-related programs, one for drinking water and one for industrial or
municipal discharges to surface waters. The following sections detail some of the activities
accomplished in FY96 in both of these programs.
In addition, EPA's water program also has responsibility for enforcing against activities that
destroy or alter wetlands. Working in conjunction with the U.S. Army Corps of Engineers, EPA
uses authority granted to it in the Clean Water Act to ensure such activities do not occur, and if
they do occur, that they are addressed and mitigated. Section 3.3.2.3 discusses EPA's activities
in FY96 related to protecting wetlands.
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3.2.2.1 Drinking Water
EPA's drinking water program is responsible for establishing mandatory and comprehensive
national drinking water quality standards. Such standards are established and administered
through the Safe Drinking Water Act. The goal of these standards is to ensure that the nation's
public health is not endangered by drinking water of unacceptable quality. EPA is responsible for
developing the National Primary Drinking Water Regulations and policies and helping the states
implement and enforce the requirements.
In FY 1996, the drinking water program undertook several initiatives to ensure that drinking
water remained, or became, safe to consume. The following are some of the accomplishments
from the last fiscal year:
• Region 2's UIC program used GIS and the global positioning satellite system to
evaluate risk to groundwater and PWS wells from injection wells. As a basis for
determining high priority areas, SIC codes were used by cross referencing the type of
activity performed at the facility with those identified on a modified Common Sense
Initiative listing. Selected areas were then prioritized based on ecological and
environmental health risk. The selected SIC codes were then used in conjunction with
the Dun & Bradstreet database to identify facilities for inspection. The facilities were
address-matched and plotted on the GIS risk rank grid map, which was used to target
inspections in the area.
Since the inception of this UIC initiative, 230 facilities have been inspected,
approximately 100 wells have been closed, and 40 known facilities remain to be
inspected in the seven identified communities. GIS data layers of UIC information are
provided to the respective state health departments.
• Region 2 entered into an administrative settlement with the Puerto Rico Aqueduct and
Sewer Authority related to violations of Surface Water Treatment Rule final orders, which
included a $33,000 penalty, and a SEP for $25,000. The use of SEPs is new in working
withPWSs.
• During FY96, Region 3 entered into an agreement with the Government of the District of
Columbia which required immediate steps to correct public notification violations, and
which committed the District to injunctive relief activity to bring the District's public
water system into full compliance at a projected cost of approximately $55 million.
• During FY96, in Region 5, more than 1,100 public water systems returned to compliance,
either through formal enforcement actions or through compliance assistance means. For
example, in cooperation with the Indiana Department of Environmental Management,
Region 5 participated in workshops targeted to 900 violators of nitrate monitoring
requirements. So far, 780 systems have voluntarily returned to compliance, the remaining
120 violators are receiving federal followup.
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Region 2 - Community Public Water Systems (Non-PRASA Initiative)
There are 234 community Public Water Systems that are not operated by the Puerto Rico Aqueduct and
Sewer Authority (PRASA) in Puerto Rico. These systems serve approximately 80,000 people who live in
the Central Mountain Region of Puerto Rico. Typically, these systems do not have an identifiable owner,
serve poor rural communities of less than 500, are not incorporated, and have no treatment other than
some providing less than effective disinfection. Most are significant non-compliers (SNC) because of
violations of the coliform MCL. Region 2 has a long standing commitment to ensure that all citizens of
Puerto Rico, regardless of status, have access to safe drinking water.
The goal of this initiative is to increase public awareness of the need for safe drinking water, increase
system compliance with the drinking water regulations and improve overall drinking water quality for the
individuals served by these non-PRASA systems. This initiative has seen considerable activity in FY96:
• Enforcement: Region 2 has issued administrative orders to 125 of the 234 non-PRASA
surface water systems, requiring the systems to install filtration or abandon the source. In
addition, the region now provides non-PRASA PWS with Spanish translations of
enforcement documents thereby improving the ability of the non-PRASA systems to respond
and ultimately comply with the orders. More than 50% of the systems have responded to the
125 AOs (less than 10% responded under traditional enforcement methods) and 10 of the 125
systems have actually complied with the AOs prior to the final compliance dates. The
remaining systems are being addressed by Puerto Rico Department of Health.
• Education: The Water Source Book has been translated into Spanish. This document will
be used as a teaching aid and be incorporated into Puerto Rico's public school curriculum.
• Technology: In FY96, construction began on a conventional slow sand filtration facility to
serve a population of 500. Construction should be completed in FY97. This facility will
serve as a demonstration of low maintenance, low cost water treatment, that the Puerto Rico
Department of Health can prescribe as best available technology.
• Technical Assistance - Public/Private Partnership: The public/private partnership,
Partnership for Pure Water (PPW), with the Puerto Rico Pharmaceutical Industries
Association has continued to provide assistance to the non-PRASA systems.
3.2.2.2 Industrial or Municipal Discharges to Surface Waters
Through the Clean Water Act, and specifically the National Pollutant Discharge Elimination
System (NPDES) program, EPA regulates the discharges of industrial and municipal wastewaters
to surface waters of the United States. This program requires that most wastewater be treated to
certain levels prior to its discharge into rivers, lakes, and streams. The following illustrate some
of the specific accomplishments within the NPDES program in FY96:
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Electronic Data Interchange for the Discharge Monitoring Reports - In FY96, EPA
developed the electronic data interchange (EDI) process to simplify the reporting of
discharge monitoring reports (DMRs) from the regulated community to the Agency's
PCS. To support the EDI process, EPA developed an implementation guidance; terms,
and conditions agreements; PCS software enhancements; training manuals for the regions,
states, and trading partners; electronic transfer security procedures; and a communication
and outreach plan. As part of the EDI, EPA initiated a pilot with Ciba-Geigy and Conoco.
EPA also provided training on EDI.
NPDES Monitoring Burden Reduction - In FY96, EPA established a national
workgroup to reduce the NPDES monitoring burden for those facilities that have an
established record of compliance with their NPDES monitoring and reporting
requirements. Compliance and performance-based "entry criteria" will be used to assess a
permittee's eligibility for the reduced monitoring scheme. Several options for this entry
criteria were developed and discussed with industrial and municipal stakeholders, and with
environmental groups. Input from the various groups was used to finalize criteria that will
hopefully result in a 25 percent reduction in monitoring. This workgroup received the
National Silver Hammer Award from Vice President Al Gore.
EPA also implemented streamlining measures that reduced compliance oversight on
approximately 23 percent of NPDES major industrial and municipal facilities in Region 6.
Facilities that met the definition of "basically compliant" were notified they could submit
to the Agency summary information on instances of noncompliance as opposed to
individual reports. This streamlining has reduced the number of reports submitted to EPA,
meets all requirements of the facility's current permits, and results in fewer letters from
EPA. Facility reaction to this pilot has been very favorable.
Sanitary Sewer Overflows Enforcement Guidance - In March 1996, EPA issued
additional Enforcement Management System (EMS) guidance on setting priorities for
addressing discharges from separate sanitary sewers. The guidance supplements the
current EMS by establishing a series of guiding principles and priorities for use by EPA
regions and NPDES states in responding to separate sanitary sewer discharge violations.
The guidance focuses on the importance of correcting dry weather overflows, and those
wet weather flows which, through frequency of occurrence or flow volume, have an
adverse impact on water quality or public health.
To address the problem of SSOs, Region 4 formed a Collection Systems Workgroup. The
purpose of the workgroup is to:
- Develop a compliance and enforcement program for the region that is compatible
with the EMS that relates to SSOs
- Develop a cooperation strategy for Region 4 and its states for implementing the
SSO compliance and enforcement program and carrying out associated training
activities
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- Develop a guidance manual for evaluating the adequacy of a utility's collection
system operation, maintenance, and management programs
- Identify collection systems that should, in accordance with the above referenced
compliance program, be subjected to appropriate enforcement action
- In cooperation with the states, collect the necessary data and carry out the
appropriate enforcement actions.
To date, Region 4 has expended considerable effort in drafting "Region 4 Manual for
Evaluating Municipal Sewer System OM&M Programs." Additionally, the workgroup has
developed a model evaluation notification letter and an evaluation outline for inspectors,
and finalized and used a model administrative order. The region has also expended
resources to develop the compliance and enforcement program, which has been submitted
to management for approval.
• Municipalities -with Combined Sewer Overflows (CSOs) - Region 5 developed and
piloted a CSO Inspection Checklist. The purpose of the checklist is to train regulators on
CSO control requirements, facilitate in the evaluation of the municipality's CSO control
program, and provide technical assistance to CSO communities. Region 5, in cooperation
with Indiana and Illinois, conducted seven CSO inspections using this tool. Refinement of
this tool continues as the region plans on conducting approximately 25 additional CSO
inspections.
• Organic and Inorganic Chemicals - In FY96, Region 5 began tracking the compliance
trends for its major dischargers. Table 3-1 presents the region's findings.
,TabIe3~L Compliance Trends for Mujor Dischargers
Quarter
4/95-9/95
7/95 - 12/95
10/95 - 3/96
1/96-6/96
Inorganic Chemical Industry
88%
92%
92%
92%
Organic Chemical Industry
100% \
89%
100%
100%
1 Dow Chemical (Midland, MI) is not included since it is reported under Inorganic Chemical Industry and would
involve duplicate reporting of compliance, inspections and enforcement. It is listed as the top-ranking U.S.
company with inorganic chemical manufacturing operations, and the 2nd-ranking U.S. company with organic
chemical manufacturing operations. However, it is listed in PCS under SIC 2821 , which is Plastics Materials.
• Concentrated Animal Feeding Operations (CAFOs) - CAFOs are becoming high
priorities for enforcement and compliance personnel in some regions. The environmental
impact of such operations is becoming more clear and the Agency is realizing these types
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FY1996 Enforcement and Compliance Assurance Accomplishments Report .__
of operations must be addressed. Based on the growing density of CAFOs in Region 6,
the region developed the CRIA that will be used to provide consistent, systematic,
science-based information on cumulative impacts from multiple operations in a given
watershed. This GIS platform tool is the first of its kind in the country and has wide
ranging applications through a number of programs.
In Region 10, CAFOs in Idaho and Oregon were targeted for special focus in FY96. For
CAFOs in Idaho, EPA, the state, and dairy industry signed an MO A outlining the roles
and responsibilities of each party in a new approach to inspect dairy operations. There are
approximately 1,100 dairy operations in Idaho and historically EPA has been able to
inspect only 5 percent of the dairy operations per year.
To increase the number of inspections, and educate the farmers about water quality
protection, EPA, the Idaho State Departments of Agriculture (ISDA) and Environmental
Quality (IDEQ), and the Idaho Dairy Association, agreed on a new approach to inspect
the dairy operations. While EPA and IDEQ still retain their authorities to intervene in
cases of serious health or environmental threats, the ISDA will take the lead in
inspections. Currently, ISDA already inspects the dairies for milk quality and with the
new agreement will expand their inspections to look at the waste management practices.
To date, EPA has conducted several activities to facilitate in the transition of CAFO
inspections to ISDA, including an inspector training workshop. In the past year, more
than 2,600 inspections have been conducted under this MO A. All 1,100 dairies where
inspected. As a result, the region has an accurate picture of the rate of noncompliance. In
addition, those facilities identified as being out of compliance are now either in compliance
or on a compliance schedule with the state Department of Agriculture.
In FY96, EPA and the Oregon Department of Agriculture continued the partnership they
established in 1994 for regulating the CAFO industry. The agreement includes joint
inspections. The CAFO program focus was widened to include a priority watershed in the
south coast area near Coos Bay. As part of this, a mock inspection sponsored by EPA
and ODA was conducted. Out of 34 CAFOs in this watershed, approximately 20 were
represented at the mock inspection.
3.2.2.3 Wetlands
EPA has been heavily involved with several regulations regarding wetlands, including revisions to
the Corps of Engineers' nationwide permits and a USDA regulation implementing the 1996 Farm
Bill. The revisions to nationwide permits have been published and the USDA regulation were
published as interim final in July. At the regional level, several regions have been developing and
implementing wetlands strategies with ambitious goals and objectives.
Region 2 has initiated a geographically targeted outreach program that provides local education
on wetlands regulations, available reference materials, contacts, and information on the
importance of wetlands. In addition to the outreach, the region is also targeting enforcement
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resources toward the same areas that receive the outreach. The region is also targeting Puerto
Rico and the Virgin Islands to establish an EPA presence for wetlands protection in the
Caribbean. -
Region 4 has developed a strategy consisting of three primary principles, all designed to protect ,
wetlands in the region:
• Implement the no net loss of wetlands concept through more state involvement
• Apply the watershed approach to the wetland enforcement program
• Determine how best to measure whether no net loss of wetlands is being achieved.
In FY96, approximately 750 acres of wetlands were preserved, plus 75 acres and several miles of
stream bottoms restored through enforcement actions. In addition, the region's GIS program
continues to develop its capabilities and its proficiency in generating data for mapping wetlands
losses. The Program has lost no wetland acreage because of fill left in place as a result of an
enforcement action. Most wetland enforcement cases require restoration of the site, and if fill is
left in place, mitigation off-site is required. The Program has documented that all mitigation/
restoration ordered by EPA has been performed.
In Region 5, a fiscal year plan was developed that would contribute to the objectives and goals as
defined by regional management and maintain a wetlands protection priority of "no net loss." To
address these issues, the wetlands regulatory program has developed a workplan and strategy to
develop new enforcement cases through a coordinated federal and state screening process in field
investigations. Screening teams, consisting of EPA; Corps of Engineers, and state inspectors will
investigate alleged violations and collectively recommend whether federal enforcement activities
should be taken. It is anticipated this initiative will assist in bringing EPA enforcement actions
back to a level of past performance.
In FY96, a total of $1,683,000 in civil penalties was collected and/or assessed from final judicial
actions in Federal District Court. Most of the penalties were obtained through a contempt action
for noncompliance with a federal consent decree. In May 1996 the Federal District Court for the
Northern District of Illinois entered a final judgement against Robert Krillich, et. al., assessing
$1,307,500 in civil penalties for failure to construct 3.1 acres of wetlands as required in a consent
decree.
3.2.3 Toxics
The regulation and control of toxic substances was one of the driving forces behind the
establishment of EPA. In the 1960s, literature was published that presented horror stories
about the use of pesticides in agricultural practices and the harm being caused by them and
other toxic substances. In response to these public outcries, EPA initiated its efforts to control
those substances and reduce their negative impact on human health. Nearly 20 years later, in
the late 1980s, EPA began implementing a community right-to-know act, that not only
required facilities to report on the amounts and types of toxic substances it had on site, but also
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provide information for emergency situations should such events occur. Today, EPA
continues to implement these toxic substance control and communication programs. The
following sections provide the FY96 accomplishments for activities under the three statutes
that comprise EPA's toxic substances program.
3.2.3.1 EPCRA
The purpose of EPA's EPCRA program is to ensure that regulated facilities meet their
emergency planning and community right-to-know requirements. A large part of EPCRA
involves providing information to EPA that is then loaded onto the TRI Database, which is
available to the public. Facilities are required to report the amounts of certain extremely
hazardous substances they either manufacture, store, or use onsite, as well
as how much wastes are generated, treated, or shipped offsite.
A large part of EPA's responsibilities includes locating non-reporters and getting them to
report the required information. Historically, this has been performed using enforcement
actions, but recently, EPA has been conducting significant outreach to the regulated
community, both to get them to report and to help them report correctly. The following
highlights are examples of EPA's efforts using both traditional enforcement and compliance
assistance:
• EPCRA Section 313 National Community Right-to-Know Enforcement Initiative - On
July 15, 1996 the Agency announced a nation-wide initiative involving 42 companies for
failing to report to the TRI community right-to-know information on the types and
quantity of toxic chemicals they released into the environment over a four-year period.
• National Food Sector Initiative - This FY96/97 EPCRA Section 312 initiative involves
a National EPCRA Section 312 Emergency Preparedness Sector Enforcement
Agreement, which is targeted toward facilities in SIC code 20 within the Food and
Kindred Products Sector. Use of a sector enforcement agreement will allow EPA to
bring thousands of facilities into compliance, while also collecting a small penalty to
provide some incentive for future compliance. More traditional means of investigation
and legal action would result in only a few hundred facilities being contacted.
Companies who submit their EPCRA Section 312 hazardous chemical inventory forms
and who sign the sector agreement will receive a $2,000 penalty cap. The major
components of the national enforcement initiative are:
- Identify suspected noncompliant facilities based on information provided by State
Emergency Response Commissions (SERCs).
- Contact facilities to remind them of their EPCRA Section 312 reporting obligations.
- Mail EPCRA Section 312 compliance assistance letters and information packages to
suspected noncompliant facilities notifying them of the state agency they may want
to contact if they need to come into compliance, or if they need to notify the EPA
that they are not regulated under EPCRA Section 312.
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• EPCRA compliance monitoring approach - During FY96, Region 2 undertook a
compliance monitoring initiative particularly as an outgrowth of the Napp Industries
investigation (the investigation of an explosion at a chemical company which killed 5
employees). The region compiled a list of small to medium specialty chemical
manufacturers in Bergen and Essex Counties in New Jersey involved in toll work
similar to the operations at Napp. The list of toll operators was added to the facilities
in Essex and Bergen Counties in New Jersey on the EPA-HQ High Risk List. The
region then considered additional factors such as prior contact with the Agency, release
notification history and inclusion in the New Jersey Toxic Catastrophe Prevention Act
(TCPA) program to select our final list of compliance assistance inspection candidates.
Thirty three compliance inspections of this priority universe of candidates were
conducted in FY96. These inspections differed from the usual enforcement inspections
because these facilities were known to be in compliance with EPCRA Sections 311 and
312. The purpose of the inspections was to verify complete compliance with EPCRA,
provide addition information concerning other regulations (e.g., SPCC or risk
management planning) and to screen facilities, for future chemical safety audits.
Ultimately, chemical safety audits were conducted for four facilities.
• Environmental Justice Targeting - Region 2 reviewed the past 8 years of ERNS data
for facilities included on the EPA list of high risk facilities located in northern New
Jersey. Based on this review, 33 facilities were visited and screened for chemical
safety audit consideration. Comparing the location of these facilities to the New Jersey
environmental justice demographics map, 14 of 33 or 42 percent of these facilities are
located in areas with an environmental justice score of 40 or greater. Of the 33
facilities screened, four facilities were selected for audits during .the second half of
FY96 and 2 of these were in environmental justice areas (S. Bronx and Newark).
In addition to the above compliance monitoring and enforcement activities, EPA also conducted
extensive outreach, training, and compliance assistance to the EPCRA regulated community. The
following are some examples of those efforts:
• Region 2 notified 1,600 facilities reporting under TRI of regulatory changes. The region
provided 12 seminars on the regulations to over 750 facility representatives. The region
also addressed 200 attendees at seminars sponsored by the New Jersey Department of
Environmental Protection.
• Region 3 conducted 10 EPCRA Section 313 compliance assistance workshops and
seminars to assist the regulated community in completing release inventory forms and to
promote pollution prevention and compliance with the statute. These workshops were
presented in each state in Region 3. There were about 300 total attendees.
• A total of eight Section 313 seminars were conducted in Region 4 in FY96. The region
also provided outreach on its Computer-aided Management of Emergency Operations
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(CAMEO) program. The CAMEO pilot program was a tremendous success, as training
was provided to state and local agencies throughout the region.
Region 5 conducted six compliance assistance/outreach workshops, one in each state of
the region. Emphasis was placed on inviting smaller facilities to attend and on expansion
and delistings that have changed the list of reportable chemicals.
Region 5 also initiated a plastic foam products compliance project. The targeted industry
was SIC code 3086. This industry was targeted based on an EPCRA Section 313
inspection. The facility found out of compliance during the EPCRA Section 313
inspection told the inspectors they knew nothing about EPCRA and had neither seen nor
heard anything about EPCRA through their trade associations. It was the facility's belief
that other facilities with similar processes would also be out of compliance with EPCRA.
Region 5 designed a compliance project to provide this industry with the necessary
outreach to bring them into compliance. The following are details of the project:
- 545 facilities were identified as having SIC code 3086. Of these, 183 facilities were
already in compliance and were eliminated from the project; 52 facilities were in partial
compliance and were sent letters to bring them into total compliance; and 362 facilities
needed to be contacted
- These 362 facilities were sent outreach packets. Of these, 33 packets were
undeliverable; 115 facilities claimed an exemption; 10 facilities were already in
compliance; 3 facilities came into compliance; and 201 facilities did not respond to the
outreach mailing.
- Of those 201 facilities that did not respond received follow up telephone calls, 30
facilities were found out of business; 112 facilities claimed an exemption; 10 facilities
were found already in compliance; and 32 facilities came into compliance.
This project brought 86 facilities in Region 5 into compliance with EPCRA Sections 311
and 312.
Large numbers of anhydrous ammonia using facilities in Region 5 have not reported under
EPCRA Sections 311 and 312, to the SERC or the Local Emergency Planning Committee
(LEPC). To address this issue, Region 5 provided EPCRA training to 12 building
inspectors in Stark County, Ohio. The training will assist the inspectors in disseminating
information to the facilities they inspect to increase EPCRA compliance.
Region 6 determined that an aggressive outreach program would significantly increase the
base of facilities reporting under EPCRA. Since then, outreach projects have been
conducted for a total of 249 counties/parishes in the region. This has included 52,575
packets of information mailed to the facilities, 315 workshops conducted, and 5,714
facility personnel attending workshops.
Region 7 conducted a SERC / LEPC Conference. More than 300 SERC and LEPC
members participated in this conference sponsored by the FEMA, EPA, and the state of
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Missouri. The conference goal was to foster renewed interest in hazardous materials
preparedness, strengthen the federal, state, and local partnerships, and to provide an
update on recent and near-term regulatory activity. The primary topic of the conference
was SARA Title ffl/EPCRA and its requirements for SERCs and LEPCs.
The region also conducted a TRI data use show. Topics included new upcoming
regulations of the Risk Management Program under the Clean Air Act, and pollution
prevention techniques, as well as the usual Form R training.
• In Region 9, more than 550 telephone requests for compliance assistance information on
EPCRA Section 313 regulations were answered. A public meeting was held in San
Francisco for the Phase n EPCRA expansion (addition of 7 industrial groups) and was
supported by the region through development of an informational packet and mailing to
over 700 organizations, associations and community groups.
In FY96, the TRI was used as a key tool in supporting the Region 9 CBEP projects. In a
broad effort to increase utilization of the TRI data by citizens' groups and to verify that
industry is in compliance with the TRI regulations, the region conducted a mailing to over
500 community-based organizations in the region. This mailing contained information on
what TRI data contains, how to access the data, and how the data has been used to reduce
toxic emissions in communities.
TRI program also directly supports many CBEP efforts in the region. First, the program
can provide information on the TRI program, make the data available to the community
and help them interpret this data to better understand the possible environmental impacts
of these releases. This has been done through mailings to community groups and through
presentations by EPA staff. Second, the program has, in certain instances, specifically
targeted inspection of facilities in these areas to follow up on specific complaints about
industrial facilities located in mixed use areas.
3.2.3.2 FIERA
Since its inception in 1970, one of EPA's primary areas of responsibility has been pesticides.
Charged with protecting human health and the environment from the dangers identified in
Rachel Carson's Silent Spring, EPA regulates the manufacturers and users of all pesticides,
including fungicides, insecticides, and rodenticides. The Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) and its implementing regulations are EPA's primary tool for
ensuring safe production and use of pesticides. In addition, there is a worker protection
component of FIFRA that ensures that all workers who may be exposed to pesticides are
provided the proper warnings and precautions, as well as safety equipment. The following
discussion provides accomplishments in FY96 in EPA's pesticide programs.
• As part of its core pesticides program, Region 2 developed a community outreach
program to provide communities with a basic knowledge of pesticides and the federal
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regulations. Mass mailings were sent out to libraries in New York and New Jersey and
senior citizen groups in New Jersey announcing the availability of a Pesticide
Familiarization Program. Eleven sessions were attended by 393 people.
Region 3 supported efforts by West Virginia to produce videotapes targeting WPS issues
for Haitian and Creole worker communities.
In FY96, Region 4 undertook extensive training regarding its pesticide program. The
following are the types of training conducted by the region:
- Compliance Activity Tracking System (CATS)
- Annual urban entomology training
- Inspector training for the states of Kentucky, Tennessee, Mississippi and Alabama
on basic computer usage, basic investigation techniques, and CATS data input.
- Investigation procedures training for the Madison Police Department, Madison,
Alabama, as part of the Northern Alabama stewardship effort.
- Development of inspector training manuals in the states of Mississippi, Alabama,
and Kentucky.
Region 4 also conducted two enforcement initiatives regarding pesticides. The Delta
Initiative/Aerial Applications was an enforcement initiative created as a result of several
years of inconsistent and poor enforcement of alleged violations of pesticides laws by
aerial applicators in Mississippi. A thorough audit was conducted of the Mississippi
Agricultural Aviation Board (Ag Board) activities, which included its relationship with the
Department of Agriculture and Commerce and the public perception of the state's
enforcement effort.
The region conducted 42 compliance assistance inspections and 42 follow-up inspections
and assisted the Ag Board in amending the enforcement response policy. The Ag Board
has completely reorganized and modified its standard operating procedure in accordance
with the region's recommendations.
In response to a massive fish kill in Northern Alabama and increasing concerns of alleged
adverse health effects, Region 4 worked to solve some age-old problem in non-traditional
ways. The region put together a coalition that subsequently became the Alabama State
Steering Committee for the Partnership for the Responsible Use of Pesticides. The
committee has met with an action committee and is developing a survey in cooperation
with the Agency for Toxic Substances and Disease Registry and the state toxicologist to
help assess potential adverse health effects in the area which may be associated with the
aerial application of pesticides on cotton. Region 4 has assisted in the development of
BMPs and outreach/education efforts in the northern cotton belt of Alabama.
Region 5, in cooperation with EPA and Region 4, began the development of National
Urban Pesticide Control and Enforcement Guidance that will be implemented in FY97 and
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continue for the remainder of the millennium. The National Strategy was developed after
incidents involving the illegal use of agricultural pesticides in Michigan and Ohio resulted
in significant health risks to residents and the necessity to evacuate homes and conduct
emergency clean-up efforts totaling more than $21 million dollars. The Strategy will
provide guidance to states on how they can approach the issue of the illegal diversion of
agricultural pesticides for urban/residential pest control and actively minimize potentially
very serious public health threats to sensitive populations (infants, children, the elderly) in
economically depressed communities.
Acting on a tip from a local TV investigative reporter, EPA Region 6 initiated an
investigation into the manufacture, sale and distribution of a disinfectant product AIDS
QUAT-9 that had not been registered with EPA or the state of Texas. An investigation by
the Texas Department of Agriculture (TDA), confirmed that AIDS QUAT-9 had been
manufactured by RLD Chemical Manufacturing, and sold to the Dallas Independent
School System (DISD) and the Dallas County Jail by Lipscomb Industries, Inc., and by
RLD Chemical Manufacturing. In addition, RLD Chemical Manufacturing did not have
the required EPA establishment registration to produce pesticides. Chemical analysis of
samples taken during the inspection at DISD showed that the product did not meet the
guaranteed analysis for percentage active ingredient indicated on the label.
The TDA issued a Stop Sale Order to RLD Chemical Manufacturing on April 12, 1996,
and Region 6 issued a Stop Sale, Use, or Removal Order to DISD and to the Dallas
County Jail on April 19, 1996. FIFRA enforcement staff met with representatives of RLD
Chemical Manufacturing and Lipscomb Distributing, Inc. The companies stipulated to all
the counts and asked for leniency in the amount of the penalty, based on inability to pay.
The region is developing civil complaints for the two companies and expects to issue them
in the early FY97.
The Louisiana Department of Agriculture and Forestry conducted a compliance assistance
project to inform pesticide users making applications in, on, or around multiplex or
government subsidized and administered housing about new state laws that require these
applicators to be certified or work under the direct supervision of a certified applicator. A
mailing with informational packets and a survey form was sent to multiplex housing
owners and subsidized housing managers, and special certification materials and
workshops were developed. Enforcement inspections will verify compliance.
In addition to the specific incident above, the states in Region 6 are actively engaged in
compliance assistance and enforcement of the Worker Protection Standard (WPS) and
conducted a total of 4,398 inspections. The states are conducting compliance assistance
audits in an effort to further educate the regulated community about the required
provisions of the WPS. Follow-up inspections are being conducted to further document
that the identified deficiencies have been corrected. Routine inspections at marketplaces
and producer establishments, and in response to complaints, are also being conducted by
the states.
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• Region 7, in conjunction with its state partners, has reinvented the process associated with
inspections of pesticide dealerships for compliance with worker protection standards. This
project, called the Worker Protection Compliance Assistance Initiative, was nominated
for Vice President Gore's National Performance Review Award for 1996.
A workgroup developed a short, easily understood guidance document for use by the field
inspectors who conduct pesticide inspections. This guidance limits the amount of
documentation collected by the inspector and provides opportunities for compliance
assistance as well as voluntary compliance, when warranted, by the pesticide dealerships.
The guidance empowers the field inspectors, who are on the front line, to use their best
judgement in how best to proceed in ensuring compliance with the worker protection
standards. Customer service to the state Department of Agriculture as well as the
pesticide dealerships are envisioned as a result of this initiative. Tangible benefits include
minimization of paperwork, procedural red tape associated with inspections, quicker and
higher levels of compliance, and governmental resource savings thereby allowing limited
resources to be used more effectively. Enforcement resources would be focused on the
"bad actors" rather than numerous small dealerships confused regarding complex
regulations and requirements.
• The Region 8 FIFRA program will issue an estimated 38 warning letters as a result of FY
96 inspections; this is non traditional measure of enforcement in FIFRA. Another example
of a non traditional measure, is the amount of compliance assistance performed on all
FIFRA inspections. For instance, the average compliance time spent per FIFRA
inspection is approximately one hour, which represents approximately half of the total on-
site inspection time. Examples of compliance assistance include providing information on
the new worker protection standards, discussing personal safety/health needs, and
providing recommendations concerning the safe handling and disposal of pesticides.
An FY96 FIFRA inspection resulted in the implementation of integrated pest management
(IPM) by the Denver School District, Denver, Colorado, in the entire school system. This
program will significantly reduce the amount of pesticides used in 150 school buildings,
which accommodate more than 75,000 school children annually.
3.2.3.3 TSCA
TSCA is the primary statute that regulates the manufacture and sale of toxic substances in the
United States. In addition to providing such controls, it also regulates several toxic substances in
our environment including lead and PCBs. This section contains the FY96 accomplishments in
three areas: 1) Core TSCA, which deals with the manufacture and sale of toxic substances, 2)
lead, and 3) PCBs.
Working closely with Regions 2, 3, and 5, EPA amended the TSCA sections 8, 12 and 13
Enforcement Response Policy (ERP) in response to comments that the original policy required
updating to reflect current trends in environmental enforcement, and to address a perceived
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inequity where record-keeping violations were penalized more severely than violations of TSCA
section 5, which controls the manufacture of new chemicals.
Region 9's Core TSCA program provided compliance assistance information to 200 importers of
chemicals in Arizona and Nevada. Staff also attended two trade shows that many brokers and
importers in California attended. The program also sent information on TSCA regulations to 100
brokers in Northern California. Region 9 also coordinated with U.S. Customs regional office on
TSCA implementation in regards to imports. Staff provided training to the San Francisco Office
on TSCA regulations and Customs' role. Region 9 has also participated in Customs' efforts to
coordinate all agencies responsibilities for imported chemicals. The result of importer initiative
has been an increase in technical assistance calls by importers and Customs. Customs in Region 9
is implementing TSCA regulations more effectively and also providing compliance assistance to
importers.
Other regions worked on developing lead-based programs. In Region 2, for example, outdoor
firing ranges can pose a significant environmental and public health threat if left uncontrolled with
respect to dispersal of lead shot and clay targets. It is estimated there are up to 1,000 ranges with
10 million pounds of lead in Region 2. Accordingly, the region has been conducting a combined
enforcement and compliance assistance program to address both short term and long term
environmental and public health concerns, promote redesign of ranges for lead and clay target
collection, and familiarize range owners/operators with environmental regulations and potential
issues.
To support another aspect of Region 2's range strategy, eight inspections were conducted. In
addition, the region continued to oversee the cleanup and redesign of the Westchester County
range under a RCRA Section 7003 Order. This is part of the strategy to gain practical knowledge
applicable to BMPs as well as to establish an enforcement presence intended to push ranges to
seek compliance assistance. Part of the strategy also includes obtaining stakeholder support. In
this regard, the region has received assistance and information from the National Rifle Association
(NRA).
Region 7 is developing a coloring book to promote lead-based paint awareness with children.
The coloring book will be used for Earth Day and in other presentations geared to children and
parents. It will also be used as a resource to build awareness of lead hazards and prevention of
lead poisoning in the context of developing state Lead programs.
Region 9 is focusing its efforts on Section 1018 of Title X, which requires that information on
lead-based paint be disclosed prior to any sale or lease of pre-1978 target housing. To provide
compliance assistance to the vast regulated community aware of these requirements, Region 9's
Lead Program has used presentations, partnerships, and distribution of materials in an intensive
outreach effort. Specifically:
• Partnerships were established throughout Region 9 with more than 50 real estate
associations, real estate training groups, county health departments, city health
departments, apartment associations, and advocacy groups
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• Region 9 staff has made more than 15 presentations on Section 1018 requirements to
these partners, as well as over 30 more presentations on the larger topic of lead hazards
and regulations
• Three separate mass mailings of guidance documents and supporting materials on the
1018 rule have been sent to a 300-member mailing list of relevant federal, state and local
governments, training institutions, and other organizations
• Training and curriculum development assistance on 1018 was provided to realtor groups
• Region 9 staff responded to 1633 compliance assistance calls.
Region 5 continues to pursue its PCB 2000 Phasedown Strategy under TSCA. The PCB 2000
Phasedown Strategy is initially focusing on voluntary disposal of PCB electrical equipment by the
major electrical utilities in the Great Lakes Basin. The enforcement component of the strategy is a
proposal for using regional enforcement discretion to encourage participation in the PCB
Phasedown Program. We believe that lack of an enforcement discretion component has
discouraged greater participation in the Phasedown Program. To date, one PCB Phasedown
commitment has been signed by a major utility, Northern Indiana Public Service Company
(NIPSCO). In FY96, the region received a letter from a second major utility expressing interest
in voluntary disposal of PCBs.
The region conducted PCB inspections at General Motors (GM) facilities in Pontiac, Michigan in
direct response to complaints and concerns voiced from concerned citizens and local government
officials. The local concerns were over the possible spread of PCB contaminated dust from
demolition of GM facility buildings and the use of possibly PCB contaminated fill, from GM
facilities, within the community. In addition to conducting PCB inspections in the Pontiac area,
the region met with all concerned parties to seek their input in developing a strategy to address
these issues.
Region 5 is also providing the Chicago Housing Authority (CHA) with regulatory and technical
compliance assistance in their cleanup of PCB contaminated soil within the CHA's Altgeld
Gardens Residential Community. Altgeld Gardens is located within the Greater Chicago
Geographical Initiative Area. The region is attempting to build a community partnership between
the CHA and Altgeld residents. The region has participated in a community wide meeting and has
facilitated several other meetings with CHA and Altgeld community leaders to address community
concerns and seek input on the cleanup. In addition, the region has prepared PCB fact sheets
specific to the Altgeld PCB contamination and has prepared additional written responses to
community questions and concerns.
3.2.4 RCRA
The Resource Conservation and Recovery Act (RCRA) addresses the management of solid and
hazardous waste, as well as USTs, that contain hazardous substances or petroleum. RCRA
Subtitle C regulations provide "cradle-to-grave" regulation and control of hazardous wastes by
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imposing various waste management requirements on generators, transporters, and facilities that
treat, recycle, store, or dispose of hazardous wastes. Under Subtitle D of RCRA, EPA has
developed criteria applicable to the management of solid waste, which is primarily regulated by
state and local governments. The central Subtitle D regulation addresses municipal solid waste
landfills and is intended to be implemented by approved state solid waste permitting programs.
Subtitle I of RCRA establishes rules for USTs containing petroleum or hazardous substances.
These rules focus on preventing, detecting, and correcting releases of regulated substances.
The following illustrate some of the RCRA-related accomplishments in FY96.
• 1996 RCRA Enforcement Response Policy - To assure a consistent enforcement
response across all regions and states, EPA issued a revised Hazardous Waste Civil ERP.
The revised ERP incorporates a risk-based enforcement concept for addressing violating
facilities, and provides greater enforcement flexibility when addressing small businesses,
small communities, and facilities conducting self-audits. Among its most significant
advances, the revised ERP:
- Establishes timely enforcement criteria that consider alternative state enforcement
processes, complexity of cases, SEPs, multimedia concerns and enforcement
initiatives
- Develops a practical definition of return to compliance that creates a more
accurate compliance picture by now recognizing facilities currently on lengthy
compliance schedules as having returned to compliance
- Simplifies the classification system used to designate violators for determining the
appropriateness of an enforcement action that will increase consistency of
classification among states and regions, while emphasizing a facility-wide, risk-
based approach to classifying violators.
Under the revised policy, states and EPA can focus their enforcement resources against
significant violators.
• The Mercury Containing and Rechargeable Battery Management Act of 1996 - During
FY96, EPA worked to substantially revise the enforcement provisions of the Mercury
Containing and Rechargeable Battery Management Act. This new act establishes a
nationwide rechargeable battery recycling program to prevent disposal into landfills, where
heavy metals from discarded batteries could leach into groundwater and drinking water
supplies. The program established by this new law is exclusively federal and pre-empts all
inconsistent state laws. This new EPA program covers not only the disposal and recycling
of covered batteries but also affects the manufacture and distribution in commerce.
• Import-Export Program - The Import-Export Program within EPA began developing a
data base known as the Waste International Tracking System (WITS). This PC-based
system currently is tracking imports of RCRA hazardous wastes and PCBs, primarily from
Europe and Canada. The program receives approximately 1,000 notifications of intent to
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import hazardous waste annually. The Program is also participating in a pilot program
with Environment Canada to evaluate the potential uses of EDI for the transmission of
such information.
At the regional level, several different types of activities were conducted, ranging from traditional
enforcement activities to compliance assistance and outreach. In Region 2, for example, used oil
seminars in the Caribbean are an integral part of an overall management strategy that includes
development of a regulatory program, management standards, laws and regulations, recycling
provisions and incentives, and outreach/compliance assistance. All four seminars in Puerto Rico
were conducted in Spanish and all outreach material, including a manual, were translated into
Spanish. This translated version, the first in the nation, is being shared with other regions and
headquarters. It is anticipated that the management program, including the seminars, will result in
the prevention of 2-3 million gallons per year of used oil currently being improperly
disposed/released to the environment.
Region 6 has issued favorable acknowledgments to 19 companies regarding their voluntary
decision to improve the environmental management and compliance of their facility by disclosing
and correcting various hazardous waste violations. These companies are among the first in the
nation to have self-disclosed and corrected RCRA violations under the EPA self-disclosure policy.
Region 6 has promoted the policy through a compliance assistance outreach program with the
U.S./Mexico maquiladora associations. Each company discovered its violations through their
voluntary self-audit programs, reported and corrected their violations, and developed procedures
to prevent future occurrences. These disclosures have qualified for the full civil penalty mitigation
benefit of the EPA interim policy.
Region 7 conducts compliance assistance visits at all new notifiers. This visit consists of
providing the facility with programmatic outreach materials and a walk-through of the facility by
an inspector. During FY96, Region 7 conducted approximately 237 compliance assistance visits
at new notifiers, covering all facility types and various industries.
Region 9 undertook a variety of RCRA compliance assistance programs in FY96, including
• Conducting 8 generator workshops in California reaching about 425 people
• Conducting a new basic hazardous waste generator workshop that was specifically
targeted at and designed for tribal environmental staff and generators operating on tribal
lands
• Attending and speaking at trade shows and association meetings
• Filming an educational video.
Region 10 began to place more emphasis on compliance assistance in specific geographic areas.
For example, a new position in the regional compliance unit was established to focus on outreach
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and assistance to the regulated community, primarily in Alaska. A toll-free information line was
established to respond to the various requests from the state of Alaska.
Under RCRAUST Program, Region 4 successfully settled with the Worsley Companies, Inc. of
Wilmington, North Carolina. This case has the largest UST civil penalty yet collected in the
country ($199,325) and includes SEPs worth more than $2 million. Worsley Companies operates
convenience type food/gasoline franchises under several names in the southeast.
3.2.5 CERCLA
In FY 1996, one of the major areas of focus under CERCLA was the Agency's Brownfields
Initiative. Brownfields are abandoned parcels of land, usually in urban areas, that are either
contaminated or perceived to be contaminated from prior industrial activity. Working closely
with other federal agencies, EPA began the task of exploring opportunities to not only remediate
these parcels of land, but remediate them to the extent they can be used again and create new
economic opportunities. During FY96, Region 6 made the development and implementation of
Brownfields a priority. An integral portion of that effort involved assistance to state programs for
voluntary cleanups. To accomplish these goals, the region established partnerships with other
state and federal departments and agencies working in areas that support Brownfields and related
activities. Through regional technical and financial assistance for program development, four of
the five states in the region now have specific legislation authorizing state voluntary cleanup
programs. The fifth state is developing legislation that will be introduced in the next legislative
session. The region has also entered into an agreement with the state of Texas on the conduct of
their voluntary cleanup program that provides some documentation regarding federal intent to
entities that complete a cleanup under the program. This program has been extremely successful
in the cleanup of properties that would generally not be addressed by the federal program and the
return of those properties to use. In addition to the national pilot grants awarded to New Orleans,
Louisiana, and Laredo and Houston, Texas, the region provided funding for Brownfields grants to
Dallas, Texas, and Shreveport, Louisiana.
In Region 7, the City of St. Louis was awarded a Superfund Brownfields Pilot to investigate and
plan for redevelopment of the Dr. Martin Luther King Business Park, a 26-acre site immediately
west of downtown St. Louis and the former location of several metal plating, light manufacturing,
and gas station facilities. During the first year of the two-year work plan, the city has sold or
optioned three city blocks to two new and one expanding business creating 100 new jobs. The
remaining nine city blocks are being tested for environmental contamination and marketed.
In addition to the Brownfields initiative, the Superfund program at the headquarters and regional
levels continued to conduct its enforcement efforts, including policy development and training and
outreach. For example, to promote redevelopment of contaminated properties EPA has sought to
protect prospective purchasers, lenders, and property owners, from Superfund liability. EPA's
Guidance on Agreements with Prospective Purchasers of Contaminated Property has stimulated
the development of sites where parties otherwise may have been reluctant to take action. This
was done through agreements known as "prospective purchaser agreements," that bona fide
prospective purchasers will not be responsible for cleaning up sites where they did not contribute
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to or worsen contamination. Of the 45 agreements to date, more than 50 percent have been
reached since the issuance of the guidance last fiscal year.
Region 7 recently finalized two prospective purchaser agreements. Through these agreements,
EPA provides a covenant not to sue a prospective purchaser of contaminated property for
existing contamination so that reuse or redevelopment of the property may be encouraged.
Without such agreement, a purchaser of contaminated property would incur Superfund liability
upon acquisition of the contaminated property. One of the agreements involves land
contaminated with mine waste that is located at the Jasper County Site, a large mining site in
southwest Missouri. The work to be performed by the purchaser includes grading the site,
leveling piles of mining wastes, filling open mine shafts with rock, and fencing the site to prevent
public access. The purchaser plans to use the currently vacant property for operation of a metal
recycling facility.
The second agreement involves the Kansas City Structural Steel Site in Kansas City, Kansas. The
purchaser is a neighborhood organization working with disadvantaged Latino and Hispanic
community members, who will use the property for light industrial purposes. The current plan is
to construct a self-storage complex on the property. Consideration received by EPA includes
institutional controls concerning use of the property, and implementation of operation and
maintenance requirements.
Through continuation of two previous rounds of administrative reforms and initiation of a third
round of reforms, inFY 1996, Superfund enforcement continued to substantially improve the
program. The following are some of the accomplishments over the past year in administrative
reforms:
• Interim Guidance on Orphan Share Compensation for Settlors of Remedial
Design/Remedial Action and Non-Time-Critical Removals - This guidance describes
where EPA will provide compensation for a portion of the shares that may be attributable
to insolvent or defunct parties (i.e., the orphan share) to PRPs who agree to perform
cleanups.
• Special Accounts Short Sheet - This memorandum encourages regions to use special
accounts for settlement funds and advises them on the creation and use of these accounts.
• Documentation of Reason(s) for Not Issuing CERCLA 106 UAOs to all Identified
PRPs - This memorandum reaffirms EPA policy to issue unilateral administrative orders
(UAOs) section 106 of CERCLA to the largest manageable number of PRPs after
considering the adequacy of evidence of a party's liability, their financial viability, and their
contribution to the site.
• Revised Guidance on CERCLA Settlements with De Micromis Waste Contributors -
These new guidance and associated model settlement documents are designed to
discourage third party contribution litigation against contributors of extremely small
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volumes of waste ("de micromis parties") and, where necessary, improve EPA's ability to
resolve their liability concerns quickly and fairly.
• Reducing Federal Oversight at Superfund Sites with Cooperative and Capable Parties -
Directive OSWER # 9200.4-15 presents factors for regions to consider when determining
if a PRP is cooperative and capable and, thus, eligible for reduced oversight.
In addition to these policies and directives, the Superfund program was also busy developing and
distributing several fact sheets, including:
• The Effect of Superfund on Involuntary Acquisitions of Contaminated Property by
Government Entities
• Policy Toward Owners of Property Containing Contaminated Aquifers
• The Effect of Superfund on Lenders that Hold Security Interests in Contaminated
Property
• Public Availability of Superfund Enforcement Documents
• The Imminent and Substantial Endangerment Provision of RCRA Section 7003.
As in past years, training remains a vital component of the Superfund program. In FY96, the
program continued to develop and present Superfund-related training including the Introduction
to Superfund Enforcement Computer-Based Training Course, the Fundamentals of Superfund, the
Enforcement Process course, and ADR training.
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3.3 Criminal Program
One of the Office of Criminal Enforcement, Forensic, and Training's (OCEFT) initiatives is
prosecution of environmental crimes in environmental justice communities. Each Criminal
Investigation Division (CID) Area Office has identified specific communities by race, ethnicity, or
income that bear disproportionate adverse impacts from pollutant sources. In the past year,
almost thirty percent of all cases investigated involved minority or low income locations.
Throughout FY 1996, EPA participated with the Department of Justice, the United States Coast
Guard, and other federal and state entities in environmental task forces to address potential
environmental violations in the Mississippi River watershed. The Philadelphia, Atlanta, Chicago,
Dallas, and Kansas City Area Offices have investigations that target polluters along the
Mississippi River and its tributaries. These investigations target sources that threaten ecosystems
and environmental justice communities. Furthermore, the investigations are based upon strong
science and data, and partnerships with other enforcement agencies. At the close of FY 1996,
CID had initiated 100 investigations that involved or had a direct impact on the Mississippi
watershed.
During the course of FY 1996 there continued to be a dramatic increase in the illegal importation
of CFCs and other ozone depleting chemicals (ODCs) in the United States subsequent to the
promulgation of stringent amendments to the Clean Air Act. CID has responded with aggressive
investigation of these activities. Illegal importations of CFCs often involve violations of United
States Customs Service (USCS) statutes related to smuggling and the Internal Revenue Service
(IRS) codes regarding the payment of CFC excise taxes. There are over 40 open CFC
investigations nationwide. Nineteen of these cases involve smuggling of CFCs into the United
States.
All criminal cases rely on the January 12, 1994, Office of Criminal Enforcement Guidance on the
Exercise of Investigative Discretion, which establishes discrete criteria for Agency investigators
when considering whether or not to proceed with a criminal investigation. The guidance is
designed to promote consistent but flexible application of the criminal environmental statutes.
Cases that fail to meet at least one of the identified criteria are not appropriate for federal criminal
investigation and prosecution. The guidance requires referral of such cases to EPA's civil
enforcement arm for administrative or civil judicial action or, where appropriate, to state or local
prosecutors. The criminal case selection outlined in the guidance is based on two general
measures - significant environmental harm and culpable conduct. These measures, in turn, are
divided into nine factors that serve as indicators that a case is suitable for criminal investigation.
The Pollution Prosecution Act (PPA) of 1990 authorizes a number of enhancements to EPA's
criminal enforcement program, including increases in the number of criminal investigators to 200
and a commensurate increase in support staff. By the end of FY 1996, EPA had increased the
number of criminal investigators to 151 compared to 47 in FY 1989. This additional investment
in agents has yielded significant increases in most key areas of the criminal program including 548
cases initiated by the end of FY 1996.
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3.4 Community-Based Protection Priorities
In FY96, EPA made significant progress in advancing community-based environmental protection
(CBEP). The Agency has actively promoted and encouraged regions to adopt CBEP as they
implement their compliance and enforcement activities. Through policies and initiatives, EPA is
giving regions and our co-regulators flexibility to allow local communities, neighborhoods, and
developments to set their own environmental priorities and to pursue environmental goals that
meet their environmental needs and still meet Agency requirements. EPA is developing the tools
that will allow it to better address and tailor Agency responses to community needs. EPA is also
empowering communities for example by opening its compliance and enforcement data bases to
the public and building new tools including risk-based targeting Geographic Information Systems
(GISs) to focus on problem areas, particularly in environmental justice communities, and
enforcing communities' rights to information about toxic and hazardous materials in their
communities. The addition in FY96 of the Office of Environmental Justice enhances EPA's ability
to do CBEP in environmental justice communities.
The EPAFY96 CBEP Progress Report, which was sent to the Deputy Administrator in January
1997, highlights CBEP activities in 18 compliance and enforcement areas in which EPA had
significant outputs. The EPA FY97 CBEP Performance Plan identifies 23 CBEP continuing and
new CBEP activities in compliance and enforcement areas in which EPA expects to have
significant efforts in FY97. The resource estimates for CBEP activities in EPA that were
specifically identified in the 1997 plan total 25.5 full time equivalents (FTEs) and $5.477 million
of contract or grant assistance money. The following summary highlights EPA FY96 CBEP
activities.
Many EPA policies and guidances are aimed at providing information and flexibility for
communities to set and pursue their local environmental goals. Formerly desolate brownfield
properties, for example, are being cleaned up and redeveloped economically under EPA's
brownfields policies, which address and remove liability barriers to development. The November
1996 policy on comfort/status letters facilitates local community stakeholders and development
interests in undertaking cleanup and redevelopment efforts. Similarly, EPA policy on enforcement
flexibility for small communities allows small communities, in partnership with the states, to
establish environmental compliance goals and priorities for their communities.
One of EPA's goals is to increase public and regulated community understanding of the linkage
between the condition of the local environment and compliance with environmental requirements.
To achieve this goal, EPA has developed CBEP tools and information systems and provided
compliance assistance and resources for CBEP projects. Significant CBEP compliance and
enforcement activities in this area include risk-based targeting activities, the use of mitigated
penalty amounts for supplemental environmental projects (SEPs) in the settlement of enforcement
cases to do CBEP projects, the expanded public access to compliance and enforcement data bases
through the Integrated Data for Enforcement Analysis (IDEA) data base and IDEA for Windows,
and EPA funding assistance for pilot CBEP projects that demonstrate compliance and
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enforcement CBEP approaches. EPA has also supported inspections and other activities to
identify and resolve local community environmental issues.
In addition, EPA has taken enforcement initiatives to protect communities' rights (under the
Emergency Planning and Community Right-to-Know Act [EPCRA] Section 313) to know about
chemicals released into their environments and to assure that local emergency protection groups
are informed (as required by EPCRA Section 312) about quantities of chemicals are stored in
their communities. During FY96, OECA also did substantial work with other Agency offices to
assure compliance with and the enforceability of recent environmental requirements that will
protect the public health of inner city residents from such toxics as lead, illegally used agricultural
chemicals, and pollutants from mobile sources, including urban bus fleets.
OECA issued Interim Final Operating Principles for compliance and enforcement in November
1996, which include activities supporting CBEP, such as inspections on ecosystem or geographic
area bases and collaborative planning; targeting; and information sharing with state, tribal, and*
local governmental entities. Additionally, OECA is developing strategic goals for compliance and
enforcement. These goals are proposed to include an emphasis on themes related to CBEP
including communities and places, partnerships, public participation, and equal protection for all
populations (environmental justice) under environmental laws.
The community-based projects described in this section are achieving meaningful results. Some
take the form of traditional enforcement activities, yet, many of the benefits of community-based
projects consist of less tangible effects, such as establishing relationships with marginalized
communities, bringing together stakeholders concerned with a specific resource or region, and
developing a solution that works for everyone affected. Moreover, it is important to recognize
that a significant part of these benefits will be achieved in the long-term, not the short-term.
Many of the issues being addressed by community-based enforcement initiatives are significant
problems, which cannot be resolved overnight. Thus, many of these projects reflect the early
phases of achieving community-based solutions. The remaining challenge is to address the new
issues posed by such work and to effectively integrate these projects into the broader mission of
environmental enforcement.
The CBEP projects described in the remainder of this section are organized by EPA region and
reflect selected examples of the work the Agency is doing in this area.
3.4.1 Region 1
Region 1 employed a variety of tools to focus its community-based protection efforts on two
areas: two municipalities, as part of its public agencies priority, and protecting natural resources
within four sensitive ecosystems. All targets were chosen to achieve the greatest potential
compliance, deterrent, and enforcement impact.
Haverhill, Massachusetts, and Sanford, Maine - The Region 1 Public Agencies Team undertook
an enforcement and assistance initiative in two municipalities, Haverhill, Massachusetts, and
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Sanford, Maine. The comprehensive approach taken within the two towns used both assistance
and enforcement tools. This approach proved effective in identifying systemic barriers to sound
town management of environmental concerns and offering tailored assistance to the municipal
government.
The findings of multimedia assessments in the two municipalities led the team to conduct an
outreach campaign to town officials throughout New England, which put the officials on notice of
potential scrutiny, identified potential compliance vulnerabilities, and provided information for
addressing concerns typical of municipalities.
This activity involved the use of numerous enforcement tools, including 44 inspections,
compliance assistance at 11 wastewater treatment sites, 20 workshops, identification of a
regulated waste stream, referral of waste drum removal to the state, and town tank removal at
three sites. The activities resulted in the development of three enforcement cases, a criminal
investigation, and two underground storage tank (UST) field citations. This action had a
pronounced deterrent effect as word of Region 1 enforcement presence and assistance efforts
spread to surrounding towns.
Mystic River Watershed- The second community-based compliance effort in Region 1 consisted
of an innovative field reconnaissance approach to identifying and addressing environmental
concerns in the Mystic River watershed of Boston Harbor. Existing EPA data bases and files
served as key sources of traditional information. The recon process extended beyond traditional
approaches to ensuring compliance, however, by including interviews with local officials,
environmental advocate groups, and other federal, state, and local environmental officials
combined with field reconnaissance and investigative techniques.
The Region 1 Office of Environmental Measurement and Evaluation (OEME) led a 10-week
recon pilot effort in the Mystic River watershed of Boston Harbor. The region's Sensitive
Ecosystems Team selected Mystic River as a target for place-based enforcement and assistance
activities, and the Urban Environments Team also examined Mystic-related issues. The Mystic
River watershed recon identified opportunities for cross-media compliance/enforcement, technical
assistance, permitting, Superfund responses, and citizen volunteer monitoring and cleanup efforts.
Through studying an area encompassing seven towns, the recon project produced
recommendations for compliance and enforcement follow-up at 36 facilities and areas of concern,
13 of which had multimedia concerns, as well as technical assistance and community-requested
assistance opportunities.
In following up on the recon pilot, Region 1 performed more than 60 air, water, Resource
Conservation and Recovery Act (RCRA), Spill Prevention, Control and Countermeasure (SPCC),
and EPCRA inspections. These inspections yielded a significant number of enforcement or
assistance opportunities. Region 1 will further develop the partnerships with state and local
agencies started by the recon project and report back to the communities periodically on progress
made.
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Lower Charles River Basin, Massachusetts - Toward the goal of a fishable/swimmable Charles
by 2005, Region 1 took enforcement actions against five towns in the lower basin to eliminate
illegal sewage discharges and combined sewer overflows into the Charles River. In addition the
region continued efforts to develop comprehensive storm water management programs.
South Coastal Massachusetts - Region 1 conducted 61 inspections targeted to protect the
wellhead area of the sole-source aquifer and wetlands, as well as to restore closed shellfish beds.
In targeting wetlands violations, the team surveyed 12 conservation commissions and aerial
photographs.
Running River Watershed, Massachusetts and Rhode Island- In an effort to restore the habitat
of the Runnins River and Hundred Acre Cove (home to the endangered diamondback terrapin),
Region 1 is working with state officials to investigate and address the sources of increased fecal
coliform levels.
3.4.2 Region 2
Region 2 conducted four community-based initiatives during FY96, including the South Bronx
Community-Based Environmental Protection Project, which addressed concerns that the South
Bronx community is disproportionately impacted by a high number of waste management
facilities, and that air pollution and odors cause an elevated rate of asthma and respiratory
problems in the community. The area is zoned mixed industrial-residential and is composed
mostly of a low-income, minority population base, which prompts environmental justice concerns.
As part of the South Bronx project, EPA coordinated efforts of a large group of stakeholders,
including five New York state agencies, in an effort to accomplish four specific goals:
• Assure local facility compliance with all federal, state, and city regulations, statutes, and
permit conditions
• Educate the community on the cause and management of asthma through coordination of
efforts with the city and state Departments of Health
• Promote civic awareness of health protection, environmental protection, and regulatory
and policy issues
• Create a stronger bond between government and the community leading to realistic
expectations of government.
As part of the project, EPA conducted approximately 150 inspections, and the state conducted
more than 100 inspections. Although the Agency found that the overall level of compliance in the
South Bronx was consistent with that in other geographic areas, EPA also found varying degrees
of noncompliance at 42 facilities. Enforcement actions ranging from notices of violation (NOVs)
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to administrative orders (AOs) with civil penalties will be issued in the second quarter of FY97
return facilities to foil compliance.
to
EPA and the New York Department of Environmental Conservation (DEC) have also monitored
ambient air in the South Bronx to compare pollutant levels with those in other areas of New York
City where asthma rates are lower. Pollutant levels were not determined to be comparably higher
in the South Bronx. Nevertheless, EPA is facilitating and or supporting numerous studies to
further examine this issue.
In promoting civic awareness of health protection, environmental protection, regulatory and
policy issues, the region has also established an information repository at the community boards;
attended more than 10 community board/public meetings; responded to correspondence from
concerned citizens; and compiled information on asthma, bioaerosols, environmental regulations,
and EPA's CBEP policy for dissemination to the public.
Barceloneta - Manati, Puerto Rico, Community-Based Project - The Barceloneta/Manati
Multimedia Aquifer Protection Project is one of Region 2's pilots for implementing wellhead
protection programs at the local level. The project redirects resources in order to better address
human health risks posed by groundwater contamination. This project used a variety of tools,
including groundwater contamination prevention activities, increased public awareness, vigorous
compliance and enforcement, groundwater modeling, and strengthening of local capacity for
detecting well contamination. Despite impediments, including land use practices, the need for
support from mayors and other government officials and language difficulties, this project:
• Conducted 27 underground injection control (UIC) inspections covering 22 automotive-
related facilities, 1 dry cleaner, 3 photo studios, and 1 print shop. Twenty of the 27
facilities were found to be in violation of UIC requirements, 6 were not UlC-related, and 1
was in compliance and obtaining a permit.
• Inspected three major manufacturing facilities in the Barceloneta/Manati area for possible
air violations. All three facilities were found to be in compliance.
• Completed a groundwater model of the Rio Grande de Manati under an interagency
agreement (TAG) with the Corps of Engineers.
Long Island Groundwater Aquifer
Protection Initiative — This initiative was
undertaken to address concerns relating to
contamination of the sole source aquifer,
which provides the drinking water for 2
million people on Long Island, New York.
It also supports EPA's Wellhead Protection
Program. Fifty-seven RCRA compliance
inspections were conducted at hazardous
Enforcement actions resulting from inspections in Long
Island have lead to this program piloting a new approach
to EPCRA case settlement When five relatively small
propane distribution facilities were found to be out of
compliance with EPCRA Sections 311/312, they were
issued "show cause" notices. These notices allowed
them an opportunity to bring relevant settlement
information to the Agency for consideration in penalty
assessment The cases are currently in settlement
negotiation.
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waste generators. GIS technology allowed targeting of handlers using the following selection
criteria— groundwater vulnerability, environmental justice, and no inspections within the last 3
years.
MassenaNew York, Community-Based Environmental Project — Members of the St. Regis
Mohawk Indian Nation have expressed concerns about their observations of an increasing rate of
disease in their community, especially among younger age groups, which they attribute to
environmental pollution. In response, EPA and the New York DEC embarked on a
compliance/enforcement initiative in the Massena area to ensure that the St. Regis Mohawk Indian
Nation are given equal protection under federal environmental statutes. This initiative involved a
direct commitment to the community by the Regional Administrator, close collaboration between
Region 2 and the New York DEC, targeted compliance monitoring and enforcement actions,
work with stakeholders to address problems presented by the regulated community (e.g.,
electrical power generating stations, primary and secondary nonferrous metals production, and a
sewage treatment facility), and a high priority assignment to site cleanups in the area.
3.4.3 Region 3
Region 3 initiatives include both community-based, area-based, and issue-driven priorities. The
community-based initiatives include Chester, Pennsylvania, where Region 3 conducted
community-based enforcement activities, including 44 RCRA inspections (over 2 years), which
led to two formal enforcement actions (undertaken by the Pennsylvania Department of
Environmental Protection [DEP]), nine Notices of Violation (five Pennsylvania DEP and four
EPA), and 33 followup letters transmitting completed inspection reports and compliance
assistance information. In addition, the region negotiated a SEP with Westinghouse requiring the
company to purchase a street sweeper, perform physical plant modifications to control fiigitive
particulate emissions, and spend $50,000 to support a lead SEP still under development by the
Delaware County Regional Water Quality Control Authority. Region 3 also issued an
administrative complaint and order to BP Refining. This case, which was initiated in support of
the Chester Community environmental justice and refinery initiatives, proposed a penalty of
approximately $162,000 for alleged violations of the benzene waste National Emissions Standards
for Hazardous Air Pollutants (NESHAPs) and was resolved immediately. The region continued
its CBEP initiative in the Chester area by holding a public meeting and two quality of life
workgroup meetings to assess the community's environmental priorities, as well as two industry
group meetings to discuss corporate response options.
South/Southwest Philadelphia, Pennsylvania — Region 3 conducted a second community-based
enforcement/compliance assistance initiative in south/southwest Philadelphia. The region
conducted multimedia inspections at two major refineries in May and June 1996 and performed
single media inspections and enforcement. EPA issued one RCRA Subtitle C penalty action and,
based on observations made during the RCRA inspections subjected this facility to a
Comprehensive Emergency Response, Liability, and Recovery Act (CERLCA) removal
assessment. With respect to compliance assurance, EPA and the Pennsylvania DEP launched a
work group with the city of Philadelphia and other partners to improve compliance with
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environmental regulations among autoservice shops, starting with a pilot in south/southwest
Philadelphia. An environmental seminar was held for autobody shops on October 1,1996. In
response to community concerns regarding air quality in the area, the region commenced an air
monitoring program. To promote compliance by dry cleaners in Philadelphia, regional and city air
management services staff inspected approximately 20 dry cleaners in Philadelphia. Nearly all of
these facilities were violating the dry cleaner Maximum Available Control Technology (MACT)
standard. Followup is planned for FY97. Regionalstaff, however, already gave a presentation on
MACT compliance to 150 members of the Korean Dry Cleaner Association of Philadelphia.
Anacostia River, District of Columbia - Based on inspections and sediment sampling, the region
determined that the Washington Navy Yard (WNY), Southeast Federal Center (SEFC), and
Bureau of Engraving and Printing (BEP) are past contributors of polychlorinated biphenyls
(PCBs) and heavy metals to the Anacostia River and the Tidal Basin. The region further
established that no current operations at these facilities are continuing sources of toxics and heavy
metals and that the storm sewer outfalls remain the primary continuing source of contamination to
the river and to Tidal Basin. Region 3 issued two administrative complaints for UST violations
and improper management of hazardous constituents against the WNY and is negotiating a
corrective action order. The order envisions that the WNY will conduct activities to support
future remediation of contaminated Anacostia River sediment. As a result of these investigations
and knowledge of the extent of contamination at the WNY, a National Priority List (NPL) status
is being pursued.
Chesapeake Bay - National Pollutant Discharge Elimination System (NPDES) enforcement
efforts associated with the Chesapeake Bay include the Blue Plains settlement, which addresses
key maintenance and financial issues, as well as a judicial complaint filed against Tug Tred for
unpermitted discharge of reinforced concrete into the bay. The region settled administrative
penalty cases against Pepco-Benning (Washington, DC), NGK Metals (PA), and city of Lebanon
(PA) for effluent violations and city of Chambersburg (PA) for pretreatment violations. Region 3
also issued administrative complaints against Allied Signal (VA), Somerset County (MD), and city
of Harrisburg (PA) for effluent violations.
Acid Mine Drainage — Within Region 3, acid mine drainage degrades the water quality of
hundreds of miles of surface water. To combat this, the Region 3 NPDES branch has taken a
variety of enforcement actions against coal facilities. Region 3 mailed Section 308 letters to
owners/operators of coal facilities in Maryland, Pennsylvania, and West Virginia. The region also
issued and tracked administrative compliance orders, which addressed reporting and effluent
violations. In addition, the NPDES branch issued three administrative penalty complaints for
discharging without an NPDES permit, failing to submit discharge monitoring reports, and having
effluent violations. These complaints propose penalties between $50,000 and $75,000. The
region also referred three coal cases to EPA headquarters and DOJ, and settled a prior case
(Rayle Coal Company, Tridell Realty Company, et al.) for a penalty of $ 145,000.
Acid Deposition - The region is continuing its effort to target sources of acid deposition that are
affecting sensitive resources. The government's litigation team in U.S. v. Ohio Power Company
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reached an agreement with Ohio Power to settle the penalty claims arising from the defendant's
violation of the sulfur dioxide emission limitation in the West Virginia state implementation plan
(SIP). The settlement includes a $200,000 civil penalty payment and a SEP of two early
compliance nitrous oxides (NOJ reduction projects valued at $500,000.
Ozone Non-Attainment - Region 3 performed volatile organic compound (VOC) and hazardous
air pollutant (HAP) source leak detection and repair (LDAR) inspections at three refineries and
six synthetic organic chemical manufacturers
(SOCMI). These inspections identified two
sources in violation (enforcement actions
pending, including the first hazardous organic
NESHAP [HON] referral in the Nation) and
provided opportunities for the region to
recommend fugitive VOC and HAP control
improvements at all sources. At several
petroleum and SOCMI facilities, regional
inspectors identified poor management and
documentation of LDAR activities and very high leakage rates. Although not violations of LDAR
requirements, the high leakage rates prompted the region to recommend and encourage the
facilities to improve their LDAR programs in ways that would directly or indirectly reduce
emissions. The region has also used its reviews of periodic compliance reports as opportunities to
assist industry in improving compliance, as well as emissions monitoring. Moreover, during
inspections of 15 potential VOC sources for compliance with EPCRA Section 313, Region 3
identified five violations.
When inspecting several petroleum and SOCMI
facilities, regional inspectors identified at least two
facilities that were documenting leak rates approximately
10 times lower than those measured by the region during
inspections. Such discrepancies suggest that the
region's efforts to identify necessary LDAR program
improvements can substantially reduce emissions, even
in the absence of LDAR program violations.
3.4.4 Region 4
The Region 4 enforcement and compliance program made significant contributions to support
community-based environmental protection during FY96. By working with state partners and
local agencies, the region pursued numerous activities to help communities meet their objectives
for a safe and healthy environment. Most of these activities are ongoing and, thus, it is difficult to
assess overall success. Nevertheless, the progress made in F Y96 and that which will follow in
FY97, exemplifies the important role of enforcement and compliance in supporting community-
based efforts. Key Region 4 community-based enforcement and compliance projects include the
following projects.
Charleston/North Charleston, South Carolina — Activities in the heavily industrialized area of
Charleston and North Charleston, South Carolina, focused on environmental justice concerns,
heavy industrialization in the area, local community and economic concerns, and facilities with
suspected or known multimedia noncompliance, as well as the presence of numerous CERCLA
sites and a major Base Realignment and Closure (BRAC) facility. The region organized an
internal group that included all program areas with ongoing activity in the North Charleston area.
Close collaboration and coordination among members of EPA's internal CBEP working group has
yielded significant environmental results and raised several cross-program issues that may not
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have been discovered had it not been for the multimedia attention focused on this region under the
CBEP. The following activities were undertaken and accomplishments achieved, among others:
• Ten targeted RCRA inspections (3 multimedia) that resulted in six informal enforcement
actions taken by South Carolina Department of Health and Environmental Control, three
pending enforcement actions, and one consent order that specified $150,000 in penalties
and an agreement to perform RCRA corrective action across the entire facility. A
multimedia inspection of a bulk petroleum distribution terminal revealed contaminated
storm water ponds, which prompted the region to focus additional resources on these
types of facilities in the Charleston/North Charleston area.
The largest benefit of these community-based,
multimedia efforts has been a significant improvement in
the coordination of EPA's overall activities in the
Charleston/North Charleston area. Yet, it also has
become increasingly apparent that significantly more
resources are essential for the success of this CBEP
effort to engage the community and address the many
important multimedia issues and community/
environmental justice concerns that exist here. In
addition, a coordinated effort with other federal and state
agencies is needed so that information on environmental
studies in the Charleston/North Charleston area can be
shared among agencies.
• NPDES inspections of Macalloy
(smelting) and Allied Terminals (bulk
petroleum) revealed significant
amounts of surface water discharges
from heavily contaminated storm
water runoff and undocumented storm
water discharges, respectively, which
are currently being evaluated.
• Early indications of progress include
the coordination on the Allied
Terminals multimedia inspection may
lead to an EPA-lead multimedia
enforcement action addressing NPDES and RCRA violations; and the concerns raised
during the multimedia Macalloy inspection have resulted in EPA's request for the posting
of adjacent Shipyard Creek and may result in an EPA-lead NPDES enforcement action
against the facility.
Lower Mississippi Valley — The region's enforcement and compliance programs also supported
region-wide efforts to target critical geographic areas. Such efforts included conducting 9 RCRA
inspections and taking 2 informal enforcement actions at facilities located within the counties that
border the Mississippi River, .conducting 37 UIC inspections, and conducting 24 NPDES
inspections, which resulted hi 17 notices of violation (NOVs), eight Section 308 requests, five
AOs, and five administrative penalty orders (APOs). The region has also worked closely with
state staff from Tennessee to develop a strategy to minimize storm water pollution hi Fayette,
Lauderdale, Shelby, and Tipton counties. This strategy includes obtaining technical assistance
from the Tennessee Department of Agriculture.
Mobile County, Alabama — The Mobile Bay study area is another region-wide priority area. To
augment ongoing environmental assessments, planning, and other activities, the region's
enforcement program responded to citizen complaints regarding air pollution by conducting
activities focused on environmental justice. The region also secured a grant for Tuskegee
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University to develop a nontraditional survey to determine community concerns. In addition,
Region 4 performed 16 inspections in Mobile and Baldwin counties, Alabama.
Brunswick, Georgia — Region 4 is conducting a large-scale study to assess environmental and
health concerns in Brunswick, Georgia. To support the goal of ensuring that activities in the area
address community concerns, tools such as inspections, sampling, technical assistance, and
monitoring have been utilized. The Region 4 Environmental Services Division, Water
Compliance Team (WCT) assisted the Water Management Division by characterizing the
wastewater contribution of the most significant NPDES facilities to the Turtle/Mackay river
systems. In addition, the Air Division worked with the Georgia Environmental Protection
Division (EPD), Environmental Services Division (BSD) and the Waste Management Division to
plan and conduct extensive ambient air monitoring in support of the Brunswick initiative.
3.4.5 Regions
Region 5 employs a team approach to coordinate and manage environmental activities within
discrete geographic areas. The region's CBEP initiatives are discussed below.
Northwest Indiana Environmental Initiative — Region 5 and the Indiana Department of
Environmental Management (DEM) finalized the Northwest Indiana Environmental Initiative
Action Plan, which targets high-risk areas, including ozone and hazardous air pollutants,
contaminated sediments (a major cause of use impairments), and discharges of toxics under the
NPDES program. Under this plan, Region 5 has conducted both inspections and formal
enforcement during the fiscal year, either on a single media or multimedia basis. In addition, the
DEM reached a significant settlement with USX Corporation for its Gary Works under the air
program, and Region 5 notified the public of the USX cleanup plan for 5 miles of the river under
RCRA, the Toxic Substances Control Act (TSCA) and the Clean Water Act (CWA). In addition,
Region 5 and the Indiana DEM jointly announced a CWA settlement between the government and
a number of industries in the Hammond area that will put $4.7 million in payments into a trust
fund for remedial and restoration work.
Northeast Ohio Initiative - The Northeast Ohio Initiative focuses on improving environmental
quality in this historically industrialized area by working with the community to develop a
strategic action plan that helps the community solve its highest priority environmental concerns.
Under this initiative, Region 5 participated in 25 meetings with a range of individuals or groups;
worked with the Toxic Sweep Task Force to achieve a voluntary cleanup of the Beck Chemical
site in Cleveland, Ohio; co-sponsored with the Occupational Safety and Health Administration
(OSHA) and the Ohio EPA an asbestos workshop for state and local agency personnel; and
funded the Regional Environmental Priorities Project (REPP), which assessed and identified the
top environmental concerns (e.g., out-migration from the urban core, quality of the urban
environment, quality of outdoor air, quality of surface water, and use of resources/energy) in 7 of
the 15 counties in the Northeast Ohio Initiative area.
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Ashtabula River Partnership — The Ashtabula River Partnership is a unique and dynamic
approach to a watershed's environmental problems. The International Joint Commission (IJC) has
designated the Ashtabula River and Harbor, including the Fields Brook tributary as 1 of the 43
Great Lakes areas of Concern (AOC). The system is contaminated by various pollutants
including PCBs, heavy metals, and organics
(e.g., trichloroethylene and
hexachlorobutadiene).
A key component to the Ashtabula River Partnership is
the local participation in the planning and execution of
the remediation. A core group of interested parties,
including federal and state agencies, formed the
partnership in summer 1994. Additional members of the
watershed community volunteered and were solicited to
participate in this partnership. The partnership chose to
follow the National Environmental Policy Act process
and have the U.S. Army Corps of Engineers oversee the
project.
The goal of the Region 5 Ashtabula River
Partnership is to remediate the site so that it
can be removed from the AOC list. Interim
goals include removal of contaminated
sediments from the river and harbor,
completion of the Fields Brook Site
remediation, and identification and control of
other contaminant sources to the system.
During FY96 the partnership completed sediment sampling for TSCA and RCRA
characterization, completed field surveys for sediment volume estimates, established a local
project coordinator, identified final candidate disposal sites, finalized projected volume of
sediment (TSCA and non-TSCA), and identified preferred disposal site alternative using criteria
based on the National Environmental Policy Act (NEPA) among other accomplishments.
Southeast Michigan Initiative — The Southeast Michigan Initiative involved numerous CBEP
activities during FY96. The scope of the activities ranged broadly from enhancement of local
enforcement efforts to assistance in empowering local communities through good neighbor
agreements and environmental education. The
primary mechanism used was allocation of
grant funds, which were dedicated and
available through Agency appropriations for
regional geographic initiatives.
Gateway Initiative — The Gateway Initiative is
a community-based effort that targets 18
communities, many with environmental justice
populations, in the metropolitan East St.
Louis, Illinois, area. The goal of this initiative
is to improve the quality of life and protect the
natural resources within these communities, as
well as build sustainable public involvement in
local environmental issues. Region 5
accomplished this by taking direct action in
facilitating the involvement of other federal,
state, and local agencies; awarding grants that will develop environmental stewardship at the local
Region 5 provided various grant support for the
Southeast Michigan Initiative including a grant of
$85,000 established with the Southeast Michigan
Council of Governments to develop a profile of
environmental indicators to use as a baseline against
which success can be measured, a grant of $85,000 to a
not-for-profit organization to facilitate "Good Neighbor"
discussions between communities and industry in areas
where there are controversial environmental issues or
issues not amenable to traditional enforcement (e.g.,
odors), and funding in the amount of $135,000 and
technical assistance to the city of Detroit to use city law
enforcement agencies to address a major problem of
illegal dumping. This last project has achieved great
success in the number of violators prosecuted, vehicles
impounded, and cleanups ordered.
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Some of the successes in the Gateway Initiative are the
result of direct regional program involvement, while
others are the result of actions taken by Agency partners,
grantees, and other individuals. All can be attributed to
the synergy and partnerships generated by the Gateway
Initiative, however, EPA and Illinois EPA enforcement
staff, for example, are promoting community issues when
asked by facilities for suggestions for SEPs during
enforcement discussions. Most recently, a state of
Illinois consent decree resulted in a company setting out
containers in communities plagued by illegal dumping
and paying for disposal.
level; and empowering individuals with
education and opportunities for increased
public involvement. The following list
highlights selected accomplishments:
• More than 17,000 illegally dumped tires
from at least five communities were
collected and shredded for use as a fuel
supplement by local plants.
• Twenty of the 1,800 abandoned and
derelict structures in East St. Louis
were demolished through a private donation to a neighborhood organization. Twenty
more are proposed for demolition under Superfund emergency response due to the poor
condition of exterior transite (asbestos) siding.
• Two NOVs (Illinois Power and Shell), one finding of violation (FOV) (Clark), and one
administrative complaint (National Steel) were issued for Clean Air Act (CAA) violations.
• A grant awarded to the St. Clair County Sheriffs Department was used to establish an
environmental crimes unit.
• Site assessment work was done at 20 abandoned sites in East St. Louis at the request of
the community. The vast majority of the sites do not appear to be contaminated. Only
one, an old lead smelter, warranted offsite sampling.
Upper Mississippi River Initiative - Over the past year the region has formed a team to focus
attention on the Upper Mississippi River basin. Members from each of the regional programs are
represented on the team, as well as representatives from Region 7; the Office of Wetlands, Oceans
and Watersheds; and the Office of Research and Development. The team has formed partnerships
with the U.S. Geological Survey (USGS), Biological Resources Division; U.S. Fish and Wildlife
Service (USFWS); and the states. One the successes of the team has been to help facilitate the
"Environmental Summit," which was held in February 1996. This summit brought together
representatives from environmental organizations, agriculture, the barge industry, and federal and
state agencies to begin to discuss the environmental and economic problems facing the river.
Several lAGs between EPA and USGS' Biological Resources Division, were also initiated. One
grant was for the completion of a "Status and Trends" report for the river. A second IAG
addressed the fate and transport of nutrients and sediments in the Upper Mississippi River basin.
A final LAG is for the completion of a survey of persons who use the river to determine their
knowledge of the river and to determine whether their greatest areas of concern for the river
environmental or economic.
The team has also worked with local community groups to identify where EPA's support for
environmental justice and education activities are needed. In addition, an Adaptive Environmental
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Assessment model funded by the Minnesota Department of Natural Resources (DNR), is being
developed based on broad input.
3.4.6 Region 6
Region 6's community-based initiatives addressed several specific sites, including Galveston Bay.
Region 6 undertook an initiative focused on the large number (more than 1,400) of minor facilities
in the Galveston Bay watershed area historically not tracked for NPDES compliance. The long-
term goals of this project are to improve both compliance rates and water quality in the receiving
streams.
Through appropriate enforcement combined with
outreach and education, the Galveston Bay project
demonstrates how compliance assistance can be used to
provide facilities with opportunities to comply without
jeopardizing enforcement efforts.
Permitting, outreach, and enforcement
actions were prioritized using water quality
data to identify stream segments with water
quality standards violations. Four areas
comprising several stream segments into
which approximately 300 minor facilities
discharge were identified. Approximately 150 minor facilities with active permits were targeted
for inspections. The Texas Natural Resources Conservation Commission (TNRCC) performed
these inspections under a Section 106 grant. EPA reviewed the inspection reports and other
information. Many facilities had no prior contact with EPA and were not aware of CWA
requirements. Enforcement followup activities included 25 warning letters for minor violations
and 10 AOs for significant violations. The 114 remaining inspection reports will be addressed in
FY97. As part of compliance assistance/outreach, all facilities were mailed packages with
information concerning monitoring and reporting requirements, a copy of their NPDES permit,
preprinted discharge monitoring reports (DMRs), and a contact name. Approximately 100
followup calls were made to explain the information.
Texas Gty Community-Based Project — This initiative, which is in the planning phase, is a pilot
to determine how local governments can work cooperatively with industry, state and federal
entities in promoting compliance and enforcement. The basic concept is to involve local
government and community in improving environmental compliance in Texas City, Texas. Six
meetings/roundtable discussions with representatives from the TNRCC, Galveston County Health
Department, Texas City municipal offices, and Region 6 have been held to establish a framework
for the project. The project will include both an enforcement and a compliance assistance
component.
Compliance Assistance Workshops for Maquiladora Industry — In partnership with, the
Mexican Environmental Prosecutor (PROFEPA) and the TNRCC, the region held six compliance
assistance workshops for the Maquiladora hazardous waste importers. As a result of these
workshops, the region received voluntary self-disclosures from more than 19 facilities. Each
company discovered its violations through its voluntary self-audit programs, reported and
corrected its violations, and developed procedures to prevent future occurrences. These
disclosures qualified for full civil penalty mitigation. This program marks a milestone toward
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bringing the participating companies which handle more than 325 tons of hazardous waste
annually, into voluntary compliance through a self-policing and self-disclosure initiative.
U.S./Mexico Border Hazardous Waste Tracking - Region 6 continued to provide leadership
regarding international hazardous waste tracking efforts. The region trained EPA headquarters
and Canadian and Mexican governments, thereby facilitating efforts to develop waste tracking and
reporting systems patterned after Haztraks. In addition, the region completed procurement,
computer installation, and training to support the Mexican component of the binational hazardous
waste tracking system.
Osage Mineral Reserve - Through a work group, Region 6 evaluated training needs for 500 to
600 oil producers operating more than 3,000 injection wells on the Osage Mineral Reserve. The
group developed the Osage Operators'Environmental Handbook and an Osage Operators'
Environmental Manual, which include practical information on how small oil producers can
comply with Bureau of Indian Affairs (BIA) and EPA requirements. This effort has been very
successful in opening communication channels between the work group participants and
increasing understanding of each member's goals and responsibilities.
Hobbs & Farmington — Based on discussions with the New Mexico Environmental Department,
the region learned that the community of Hobbs had concerns about the impacts its oil service
industry was having on municipal facilities and the potential for contamination of its sole source
aquifer. The region conducted three RCRA inspections at the suspected facilities and "windshield
tours" of several others. As industry became aware of EPA's compliance monitoring activities,
virtually every oil service facility in the town "cleaned up their operations" (i.e., immediately and
unilaterally began implementing appropriate waste management practices). RCRA violations
were confirmed at two facilities and enforcement actions taken. The region also helped the city
develop protective ordinances and discussed with city representatives the option of leveraging
SEPs that might benefit the community. More than 82 tons of hazardous wastes were removed
from the community with more than $228,000 expended to address community concerns and
compliance issues.
3.4.7 Region?
Region 7 identified and designated team leaders for several place-based projects, including the
Mississippi River Basin. The Region 7 Section 404 program targeted several areas in the
Mississippi River basin for enforcement actions and is cooperating with the Corps of Engineers to
obtain better case documentation. A draft enforcement agreement with the St. Louis District was
initiated.
i
Heartland Sty Program - The 1996 Heartland Sky Program is the Kansas City region's
public/private community effort to voluntarily reduce emissions that contribute to ozone
formation. The program consists of 1) increasing public awareness and ascertaining public
perception of air quality issues and 2) securing commitments from key organizations to take
specific measures on ozone alert days. Highlights of the program include completing a public
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opinion survey covering several metro area counties, mailing 460,000 educational brochures with
area residents' electric service bills, securing commitments from 6 of the 30 major fleet operators
with 6,700 vehicles to schedule refueling operations during conditions less conducive to ozone
formation, and securing commitments from 15 local governments.
3.4.8 Regions
Region 8 expended significant effort during FY96 exploring ways to integrate community-based
environmental projects into regional operations. This section highlights some specific community-
based projects conducted by Region 8.
French Gulch Remediation Opportunities Group — Region 8 has been actively involved in the
formation of a CBEP effort to address the impacts of historical mining operations in French Gulch
near Breckenridge, Colorado. EPA has provided funding for facilitation and organization of a
local stakeholder group. A group consisting of
representatives from government; private
landowners; community residents; local
business interests; and others has been meeting
to develop goals and approaches for
addressing the impacts of historic mining
operations in this area. The work of the French
Gulch Remediation Opportunities Group is an
example of the holistic community-based
approach that Region 8 is piloting to address
inactive and abandoned mine sites.
Through both technical and enforcement representatives,
EPA has been providing leadership and expertise in
helping the French Gulch Remediation Opportunities
Group work toward characterizing and cleaning up a
historical mining site. Region 8 is using a multimedia
"toolbox" approach to this site so the group can evaluate
the most appropriate and effective tools for remediating
the site. The presence of federal, state, and local
enforcement representatives has encouraged the group to
consider a variety of regulatory and funding approaches.
Headwaters Funding — The Rocky Mountain Headwaters Mining Waste Initiative was the first
regional geographic initiative to be implemented. Since its inception in FY 94, Headwaters has
awarded approximately $3 million in grants and cooperative agreements to local and state
recipients to build community-based programs or to solve technical and administrative problems
associated with primarily abandoned or inactive mining sites throughout the Western United
States. These expenditures are resulting in on-the-ground recognition of the unusual nature and
complexity of mining sites.
Marty Indian School — Marty School is on the Yankton Sioux Indian Reservation, South
Dakota. An oil spill occurred in 1995. EPA investigated in 1996 and determined that no
imminent hazard existed, but a number of environmental and regulatory issues were noted.
Region 8 is supporting efforts at the Marty School as a CBEP activity. The enforcement program
will work in concert with the community to conduct inspections and compliance assistance
activities and take enforcement action, if necessary, consistent with the Indian Policy Act of 1984.
Also, the region envisions that the Office of Enforcement, Compliance, and Environmental Justice
will participate in long-term environmental studies involving Marty School, adjacent Mosquito
Creek, and the agricultural environs. At the present time, compliance with NPDES, Oil Pollution
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Act (OPA), RCRA, UST, EPCRA, Asbestos Hazard and Emergency Response Act (AHERA),
and TSCA will be determined.
3.4.9. Region 9
Region 9's community-based initiatives addressed several sites, including Brownfields. During
FY96, numerous new Brownfields sites in California were officially designated, including
Emeryville, Hunters Point (San Francisco), portions of Los Angeles, Oakland, Richmond,
Sacramento, and Stockton. In addition, the Navajo Forest Products Industries mill site in
McKinley County, New Mexico, was selected as a Brownfields site in conjunction with the
Navajo Nation. The region also conducted significant groundwork on the Prospective Purchaser
Agreement with Monsanto with regard to the San Gabriel Superfund site (closure with Monsanto
was achieved in FY97). In addition, numerous "comfort letters" were issued in FY96 to
prospective Region 9 developers, who are seeking some level of comfort if they purchase,
develop, or operate on brownfields property. The comfort letters represent a win-win situation
for EPA, the developers, and the community, while minimizing environmental risk and
encouraging cleanup and reuse.
Oakland — In West Oakland, Region 9 worked closely with the community to evaluate major
issues of concern (e.g., contaminated soil and groundwater, air quality, and lead) using various
tools, including the TRI. In an effort to increase utilization of the TRI data by citizen groups,
Region 9 conducted a mailing that contained information on what TRI data are available, how to
access the data, and how the data can be used to reduce toxic emissions in communities. In
addition, the region conducted targeted inspections of facilities in Oakland to follow up on
specific complaints. The results of each inspection were communicated to the community liaison
and, ultimately, to neighborhood residents. As a result of these inspections, one civil complaint
was filed against a foundry located adjacent to residential housing.
Tribal Lands — As the lead region for tribal activities in FY96, Region 9 invested significant
resources in supporting tribal programs. In response to a pattern of noncompliance with RCRA
and other statutes at BIA-owned and operated facilities on tribal lands, the region began working
with BIA national and area offices to develop a plan to improve BIA compliance. Concurrently,
the region's RCRA and Safe Drinking Water Act (SDWA) compliance staff conducted
enforcement actions against several BIA facilities. Upon learning that the BIA budget is less than
$5 million nation-wide for compliance with all environmental regulations, Region 9 worked with
BIA to ensure that the Tribal Operations Committee addressed this concern. The region
maintained regulatory and public pressure on BIA to improve its compliance record by continuing
to conduct compliance and enforcement activities at BIA facilities.
U.S./Mexico Border — Region 9 conducted a lead education project designed to foster
international cooperation in addressing the issue of childhood lead poisoning through the
development of a model that could be replicated in sister cities along the U.S./Mexico border.
This is being pursued through recruiting and training a team of community health workers to
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identify lead sources unique to the border area and to conduct a door-to-door outreach campaign
to educate residents on the health effect of lead exposure.
Pesticides Projects — Li communities subject to pesticide drift (Lompoc and Watsonville, as well
as Warner Springs, Davis, and Brentwood in previous years), Region 9 has worked to verify the
efficacy of the compliance program and to
correct any deficiencies in that area. In
addition, the region has pursued a dialogue
Region 9 conducted the Lompoc Reduced Risk
Pesticides Management Demonstration Project to
develop and design multidisciplinaiy pollution
prevention projects focusing on integrated pest
management practices in the agricultural/urban interface
area of Lompoc, California. After ensuring that there
was an excellent compliance rate with agriculture
regulations, the region worked with growers in going
beyond compliance. The project is facilitating dialogue
among growers, university scientists, pest control
advisors, and others in the agricultural industry. In
addition, a pest management advisory group with broad
participation from both the private and public
agricultural industry is working to identify and prioritize .
practices, technologies, and products with the potential ,
to reduce the risk of pollution from pesticides.
within the community to more fully assess the
scope of the issue.
The "beyond-compliance" approach regarding
pesticide drift has multiple purposes: to
provide opportunities for affected
communities and their historically
underrepresented members to participate in
the regulatory process; to support the
resolution of conflicts arising from the use of
agricultural pesticides within the community
of origin; and to glean the lessons of playing a
participatory, rather than a leadership, role vis
a vis the impact of federal policy in individual
communities.
3.4.10 Region 10
Region 10's community-based initiatives included projects, such as the Coeur d'Alene Basin
Restoration Project. EPA, the Coeur d'Alene Tribe, and the state of Idaho Division of
Environmental Quality entered into an MO A in 1992 to "coordinate efforts to improve, restore,
and protect the quality of the aquatic and terrestrial ecosystems, human health, and other related
natural resources in the Basin." The three parties established the Coeur d'Alene Basin Restoration
Project (CBRP), which integrates all participants into a coordinated, multiorganizational approach
for addressing environmental issues. A framework document prepared as part of the CBRP,
identifies the activities of basin participants that focus on improving water quality, remediating
hazardous waste, and protecting human health and the environment. Within the context of the
basin project, EPA achieved the following accomplishments during FY96:
• A number of CERCLA removal actions were ongoing and/or planned in response to
mining and milling impacts in the basin.
• Other remediation activities related to mine and milling included continued work on a
pending complaint filed by the U.S. Department of Justice (DOJ) for environmental
damage caused by historic metals mining and ore-processing activities in the Coeur
d'Alene River Basin, commitment of staff for implementation of the NPDES program
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strategy, and commitment of staff and funding resources for completion of a
comprehensive environmental information management system and strategic ecosystem
management plan.
Several activities are underway to respond to the adverse impacts to water quality
associated with the increase in nutrients and sediments. These activities include, for
example, a $20,000 grant for the Panhandle Health District to develop a guidance manual
addressing the use, storage, management, and disposal of wood or mill yard debris and a
$38,000 grant for the Kootenai Regional Wastewater Coordinating Committee to
complete the Spokane River Water Quality Management Plan.
Tribal Lands — Region 10 awarded grants to
environmental assessments and develop
environmental programs. This included six
new consortia in Alaska, working with more
than 50 additional tribes. Work among these
groups focused on the development of water
programs and participation in watershed
planning, development of tribal
implementation plans and Title V permit
programs, improving solid and hazardous
waste management, and conducting
inspections and enforcement actions.
52 tribes or consortia to enable them to conduct
Region 10 found that impediments of community-based
work include the high cost of visiting the many tribal
lands (especially in Alaska), lack of a complete inventory
of all hazardous waste generators on tribal lands, and
lack of familiarity with RCRA regulations on the part of
the tribes and the resultant lack of awareness of the
wastes generated on their lands.
The result of the RCRA program's work on tribal lands
is that the tribes are now much more cognizant of
activities on their land that are regulated by RCRA. In
addition, work focused on improving waste management
is continuing.
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3.5 Federal Facilities
The primary goal of EPA's Federal Facility Program is to ensure that all agencies reach a level of
compliance with environmental requirements that equal or surpass the rest of the regulated •
community. To accomplish this goal, EPA uses a three-pronged approach: compliance assistance
and training, compliance oversight and enforcement, and review of federal agency environmental
plans and programs.
In F Y 96, the federal facilities enforcement program
emphasized three major program areas: environmental
restoration under RCRA and CERCLA; implementation
of a multimedia enforcement strategy; and fostering the
adoption and implementation of environmental
management standards by federal agencies and states.
During FY96, the EPA placed particular
emphasis on a number of key initiatives
including the issuance of the following:
• Strategy for Improving Environmental
Management Programs at Civilian
Federal Agencies
• Interim Policy on Conducting Environmental Management levels at Federal Facilities
• E.G. 12856 Code of Environmental Management Principles for Federal Agencies
• Guidance for EPA Participation in Department of Energy Environmental Budget
Formulation
• The Final Report of the Federal Facilities Environmental Restoration Dialogue Committee.
Significant progress was also made in assisting federal agencies in implementing E.G. 12856 and
other environmental executive orders including the development of pollution prevention strategies
and plans and the first year of reporting for federal facilities under the national TRL On the
legislative front, significant new federal facilities enforcement authorities have been gained for
EPA and states as a result of the Safe Drinking Water Act reauthorization. Key enforcement and
compliance assurance accomplishments are described below.
Compliance Assurance - The fourth year of the Federal Facilities Multimedia
Enforcement/Compliance Program (FMECP) concluded in FY96 with a total of 29 multimedia
inspections performed at federal facilities. Of the 29 inspections, 11 were performed at Civilian
Federal Agency facilities with the remaining inspections at DOD and DOE facilities.
Beginning with the Second Quarter of FY96, EPA began distributing Environmental Compliance
Status Reports to all federal agencies on a quarterly basis. These reports, which are sent directly to
senior agency environmental officials, contain information on EPA and state inspections and
enforcement actions undertaken in the previous quarter. The reports highlight significant
administrative orders and penalty actions taken and includes a name list of facilities in SNC in
each media program. The purpose of these quarterly reports is to ensure that senior environmental
managers in all agencies are regularly receiving information on their environmental performance
and any related compliance issues or problems at their facilities.
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Compliance Assistance - On May 31,1996, EPA issued an interim policy and guidance on
conducting Environmental Management Reviews (EMR) at federal facilities. The interim final
policy defines an EMR, specifies the operating principles under which EMRs are to be conducted
by the EPA Federal Facility Program, and describes the context in which EMRs will be conducted
by EPA during the FY 96 EMR pilot program.
A final version of the Code of Environmental Management Principles (CEMP) was developed by
EPA working with representatives of other federal agencies and published in the Federal Register.
(61 FR 54062, October 16,1996). The CEMP includes five broad environmental management
principles developed to address all areas of environmental responsibility at federal agencies,
including: 1) management commitment, 2) compliance assurance and pollution prevention, 3)
enabling systems, 4) performance and accountability, and 5) measurement and improvement.
In addition, the Civilian Federal Agency Task Force issued the Strategy for Improving
Environmental Management Programs at Civilian Federal Agencies. This document addresses the
problems faced by civilian federal agencies (non-DOD, non-DOE) in meeting environmental
challenges.
Environmental Restoration Activities Under CERCLA - EPA continues enforcement efforts
related to cleanup and environmental restoration. At the end of FY 96, 152 final and proposed
federal facilities were on the NPL, including 122 military installations, the major DOE nuclear
weapons production sites, and civilian federal agency sites. At the end of FY96, 77 interagency
agreements with federal agencies defined the
cleanup process. These agreements all contain
a creative dispute resolution process providing
all parties the opportunity fully to air their
views. Through the resolution of five IAG
disputes this year, EPA avoided unnecessary
cleanup delays, reached a variety of
agreements with federal agencies including
methods of determining exposure scenarios,
remediation goals, risk assessments and
reached agreement over cleanup standards.
At the Rocky Mountain Arsenal (Offpost & Onpost),
near Denver, Colorado, there were multiple disputes
over groundwater standards, institutional controls, cross
contamination of an aquifer and characterization of risk
and soil. In December 1995, the parties resolved the
dispute and avoided additional litigation and delay by
signing the Rocky Mountain Arsenal Conceptual
Remedy Agreement This agreement also facilitated the
signing of the Ofipost ROD, signed in December 1995,
and the Onpost ROD signed in June 1996. These RODs
document the cleanup activities at the site including the
cleanup of basin F waste piles and PCBs.
Other Initiatives/Projects - In February 1996,
nine Region 2 programs participated in a four day inspection of the Veterans Affairs Medical
Center in Northport, New York. In June 1996, 10 Region 2 programs and one New York City
Department of Health program participated in a 4-day inspection of the Coast Guard Support
Center, Governors Island, New York, prior to the facility's closure in August. Three UST
violations were detected for which one NOV was issued, and two air violations were detected for
which one CO was issued. Minor deficiencies found during the PWS inspection were corrected.
During FY 96, Region 8 began work on a joint services pollution prevention video highlighting
some success stories at both Fort Carson and the Air Force Academy. EPA contributed $5,000
to production costs, and contributed staff time for script writing and editing. Fort Carson and the
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Air Force Academy each contributed $20,000 as well as considerable staff time and on-site
filming. Region 8 plans to distribute copies of the video throughout the Army and Air Force, as
well as to Regional Federal Facility Coordinators, FFEO, and EPA Region 8 states.
The Region 9 Federal Facilities Coordinator worked with EPA program offices, the Navajo
Nation Environmental Protection Agency, Bureau of Land Management, Bureau of Indian
Affairs and Office of Surface Mining and Reclamation to identify environmental issues and roles
and responsibilities related to coal mining activities on Navajo and Hopi lands. During FY96, a
Superfund site investigation was conducted and an environmental justice grant awarded to a
stakeholder group to address some of these issues. Region 9 will continue to work with involved
parties during FY97.
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3.6 Cross-cutting or Multimedia Initiatives
Cross-cutting or multimedia initiatives are those special projects or activities that do not target
specific areas, industry sectors, or media programs, but cut across all of these to ensure a better
protection of human health and the environment. Such projects or activities may consist of
policies, data systems, voluntary programs, training, or strategic planning. The following sections
describe some of these types of programs, specifically cross-cutting or multimedia
projects/highlights, federal activities, federal facility programs, criminal program, pollution
prevention, environmental justice, and compliance assistance.
3.6.1 Cross-cutting or Multimedia Projects/Highlights
Small Business Policy - On June 3, 1996, EPA issued the final version of its Policy on
Compliance Incentives for Small Businesses. Based on comments since publication of the interim
version, the policy was expanded to allow businesses to obtain the penalty relief not only by using
on-site compliance assistance, but also by conducting an environmental audit, promptly disclosing
and correcting the violations. The policy provides incentives for small businesses to seek
compliance assistance and to identify potential environmental problems.
Policy on Flexible State Responses to Small Community Violations - EPA's Policy on Flexible
State Enforcement Responses to Small Community Violations was signed by Assistant
Administrator Steve Herman on November 22, 1995. The policy encourages establishment of
state small community environmental compliance assistance programs (SCECAPs) that provide
flexible enforcement responses to small communities making good faith efforts to comply with
environmental mandates. With the policy, EPA responded to these states' expressed needs and
gave states an unprecedented degree of flexibility in responding to the environmental
noncompliance of municipalities while defining parameters of acceptable conduct that ensure
adequate protection of public health and the environment. Dangerous environmental problems
must be corrected immediately. Criminal violations must be prosecuted as always.
IDEA & IDEAWin - For the 5 years prior to FY1996, the Integrated Data for Enforcement
Analysis (IDEA) capability was a mainframe-only system that, due mostly to its' inherent
complexity, had a limited user community of highly computer oriented individuals. In FY1996,
IDEA for Windows (IDEAWin) was placed into production. IDEAWin, a user-friendly,
Windows version of IDEA (with a rapid link to the mainframe within it) dramatically simplified
the use of the Agency's powerful multimedia enforcement and compliance analytical capability.
In its initial two and one-half months, 83 different HQ and regional users accessed IDEAWin and
performed 601 queries in which at least one IDEA report was requested. For reference, the
original mainframe IDEA, responded to 11,868 queries over the fUll fiscal year. However, a
casual telephone survey of regional expert users determined that most were likely to learn and
then use IDEAWin instead of mainframe IDEA. To assure rapid user support to the increasing
IDEA user community, DMB established an automated hotline for public access user support
with menu system containing information about IDEA and how to obtain public access. The
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system includes a capability to fax fact sheets to the caller. This service, reached by calling 1-888-
EPA-IDEA supplements the existing user support hotline, which is staffed by three individuals (on
a rotating basis).
The IDEA team also established and ran a public access pilot to determine public use and reaction
to IDEA Developed a list of diverse set of organizations to be included in the pilot and made
arrangements for their participation. Provided guidance on how to access and use the system. As
a result of this pilot, arrangements were made with the National Technical Information Services
(NTIS), to provide mainframe registration and documentation to public users and with the
National Center for Environmental Publications and Information (NCEPI) to provide user
documentation. To make the information about IDEA available to the largest group of people,
two approaches were used. Information about IDEA can now be obtained on the World Wide
Web (http://es.inel.gov/EPA/idea) and through the automated hotline (1-888-EPA-IDEA), which
provides fax-back capability.
MEB1T Partnership for Pollution Prevention - The MERIT Partnership for Pollution
Prevention is a voluntary and cooperative venture of the public and private sectors. The MERIT
Partnership produced a promotional video targeted at prospective partners (potential steering
committee members and community advisory panel members; industrial associations, companies,
governmental agencies, etc.), which helped gain Vice President Al Gore's support for MERIT.
Under MERIT'S ISO 14000 Project, the group was successful at bringing together the major
players in manufacturing, banking, insurance, environmental risk assessment, accounting and
auditing, and government to facilitate demonstration projects that will show how EMSs can be
strengthened and implemented in different industries to achieve both improved environmental
performance and economic competitiveness among businesses in the U.S. In the second half of
FY 1996, Merit began the new series of precedent-setting projects involving EMSs based on the
ISO 14001 standard. One of Merit's EMS projects has already been nationally recognized as the
premiere effort in exploring financial incentives that may drive companies to develop strong
EMSs. This project focuses on the insurance benefits that companies may accrue as a result of
having ISO 14001 EMSs.
Environmental Leadership Program - In FY96, the Environmental Leadership Program (ELP)
concluded a successful pilot program and began developing and preparing to implement a full-
scale program. Twelve facilities participated in the pilot program; the lessons learned from the
pilot will form the basis for establishing the full-scale program, which will be implemented in
FY97 or 98. The ELP concluded its pilot program by sponsoring a two-day workshop to present
information on the pilot and discuss its plans for a full-scale program. During the workshop, pilot
facilities shared information on their projects and EPA shared information on its designs for a full-
scale program. The workshop was attended by more than 100 people from all levels of
government, trade associations, and industry.
The ELP is a national initiative that provides recognition and certain other benefits to facilities
demonstrating strong commitments to continued compliance and "beyond compliance" efforts.
To qualify for participation in the ELP, a facility must have a good record of complying with
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environmental laws, regulations, and permits. It must also demonstrate that it has an
environmental management system (EMS) that meets ELP requirements. These requirements
include having an auditing program and community outreach and employee involvement program,
and undertaking environmental enhancement activities. ELP is voluntary in that no facility is
required to participate, and any facility may choose to apply if it believes it has met the Program
requirements.
Through the ELP, EPA expects to better protect the environment and human health by promoting
a systematic approach to managing environmental issues and by encouraging environmental
enhancement activities. Another goal of the Program is increased identification and timely
resolution of environmental compliance issues. EPA expects that implementation of the full-scale
ELP will multiply compliance assistance efforts by engaging facilities as mentors and by
reallocating regulatory resources for inspections toward facilities that pose greater environmental
risks than those posed by ELP facilities. ELP was also developed with the intent of fostering
constructive and open relationships among agencies, the regulated community, and the public.
Compliance Assistance Centers - During FY96, EPA established four compliance assistance
centers — one each for the printing, automotive service and repair, metal finishing, and agriculture
sectors. The centers function as communication centers and serve sectors with large populations
of companies, particularly small companies. The ultimate goal of the centers is to provide small
businesses with an understanding of their specific environmental requirements and encourage
them to take appropriate steps to improve their compliance status.
Each center provides its services via the internet or through telephone and fax back/mail back
capabilities. To date, the centers have received significant interest from their various regulated
communities. For example, the National Metal Finishers Resource Center has 1,600 registered
users (48 percent are metal finishers). GreenLink, which is the auto service and repair center, has
received 322 telephone calls and fax-back
requests and nearly 100,000 visits to its website.
Because of this high rate of interest, EPA is
developing four new compliance assistance
centers. These centers will assist chemical
manufacturers, municipal/local governments,
transportation, and printed wiring board
manufacturers. These new centers are targeted
to open in FY98.
Environmental Training - The National
Enforcement Training Institute's statutory
mandate is to provide training for federal, state,
local and tribal environmental enforcement
personnel, including attorneys, inspectors,
technical staff and investigators. NETI and its
partners trained almost 4,700 environmental
Contacting EPA's
Compliance Assistance Centers
National Metal Finishing Resource Center
(http ://www.nmfrc.org)
GreenLink: the Automotive Compliance
Information Assistance Center ,
(http://www.ccar-greenlink.org)
1-888-GRN-LINK (476-5465)
Printer's National Compliance Assistance Center
(http://www.hazard.uiuc.edu/pneac/pneac.html)
National Agriculture Compliance Assistance
Center
(http://es: inel.gov/oeca/ag/aghmpg.html)
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enforcement professionals in fiscal year 1996. Providing training for state, local and tribal
personnel remained a strong focus of NETI's efforts, as 2,512 students were trained from these
organizations. A total of 1,436 federal employees received training, and international students
numbered 739. Approximately 50 training courses were offered by NETI and its partners during
FY 96. The majority of courses taught were in the civil enforcement arena: 2,426 students were
trained in a variety of civil enforcement matters. Students taking courses in criminal enforcement
numbered 1,522.
National Enforcement Screening Strategy - Development of the National Enforcement
Screening Strategy continued during FY 1996. NESS is a program to conduct multimedia
analyses of companies with facilities in several regions to determine their compliance with
environmental requirements on a national basis. The program was developed by EPA, the
regional offices, and several states. The project began with a screening of over 300 companies
with potential compliance problems. The group was then refined into a smaller number of
companies for further analysis. The project continues on into FY 97, with specific activities being
conducted with respect to the target companies and planning continuing with the regions and
states on a new round of screening.
Revised Interim Supplemental Environmental Projects (SEP) Policy - EPA continued to
collect information on the Revised Interim Supplemental Environmental Projects Policy and to
consult with regions and other offices on the applicability of this policy to specific cases. As a
result of this experience, action to put the policy into final form was initiated at the end of FY 96,
for completion in FY 97. Further, an Internet-based information site, the SEP National Data
Base, began development. This site, located on EPA's Enviro$en$e web site, includes information
on previously performed SEPs. By "browsing" on parameters such as statute, violation,
pollutant, cost of the project and category of SEP, a defendant in an enforcement action or a
regulatory authority can receive a listing of projects, with technical details, appropriate to the
proposed settlement. Further, the data base includes model settlement language and applicable
guidance documents.
3.6.2 Federal Activities
EPA's Office of Federal Activities (OFA) in OECA manages: 1) the Agency's responsibilities
under the authority of the National Environmental Policy Act and Section 309 of the Clean Air
Act, including administration of the EPA filing system for all federal environmental impact
statements (EISs), 2) the Agency's internal responsibilities for the "cross-cutters" (e.g.,
Endangered Species Act [ES A], National Historic Preservation Act, and Executive Orders on
Wetlands and Floodplains), and 3) the Agency's international enforcement and compliance
assurance program activities, including capacity building and cooperative international
enforcement activities.
NEPA Compliance - Since 1989, the number of EISs filed has steadily increased. In FY96, 571
EISs were filed (333 draft and 238 final). During FY96, EPA commented on 219 draft EISs and
159 final EISs. Of these, EPA identified significant problems in 30 draft EISs and environmental
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concerns in 123. EPA also referred one project to the Council on Environmental Quality (CEQ)
for resolution during this period.
Under the 309 Review Program, OFA has continued to work with agencies sponsoring projects to
improve the environmental impact assessment (EIA) process used, and to modify those projects
deemed to be environmentally unsatisfactory. Below are some of the targeted projects, grouped
by agency, that merited EPA's continued efforts to ensure environmental accountability. (Note:
although not specifically mentioned, all of the projects listed herein involved close cooperation
with regional staff and leadership).
• Federal Energy Regulatory Commission (FERC):
- Two dam re-licensing projects pitting issues of water quality versus hydropower
(Kingsley and North Platte/Keystone Diversion Dams, NE; Cushman Hydroelectric
Project, Skokomish River, WA).
- FERC's proposed rule (open access rule) to increase competition in the electricity
market that could have led to significant increases in air pollution. In May 1996, the
Administrator formally referred the proposed rule to CEQ, leading to an agreement
with FERC on potential mitigation measures.
- Two new dam projects involving trade-offs among hydropower objectives vs. stream
and wetland impacts, water quality, aquatic resources, and wildlife (Basin Mills
Hydroelectric Project, Penobscot River, ME; Felts Mill Hydroelectric Project, NY).
• U.S. Forest Service (FS):
- EPA worked to resolve environmental issues on three controversial mining proposals
on FS lands: Stibnite Mine Expansion (heap leach gold mining), East Fork South Fork
Salmon River, ID; Carlota Open-Pit Copper Mine Project, AZ; and New World Mine
(gold), near Yellowstone National Park, MT (a World Heritage Site). The mining
projects raised potential issues of ground and surface water contamination, aquatic life
and riparian habitat impacts, tailings stability, endangered species, habitat loss, and air
quality. EPA worked with the FS to resolve the issues and develop appropriate
mitigation. In the case of the highly controversial New World mine, EPA represented
the Agency in the Administration's effort to strike an agreement with the proponent,
Toronto-based Crown Butte, that stopped the proposed New World Mine.
- Salvage Timber Sales. Following enactment of PL 104-19 (the Rescissions Act and
Salvage Rider) and President Clinton's Memorandum to Implement the Timber-
Related Provisions of the Act, OFA represented EPA in the inter-Agency deliberations
on timber salvage activities. OFA also participated on the policy workgroup, and as a
technical representative on the interagency workgroup that reviewed the national
timber salvage program in the northwest and southeast.
• Bureau of Reclamation: In April 1996, the Bureau of Reclamation issued a final
supplement to its 1990 final EIS on the controversial Animas-La Plata Irrigation Project,
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CO. EPA's environmental concerns were not resolved by the final supplement. The
Agency continues to pursue resolution of the environmental issues through participation in
a public forum, led by Governor Romer of Colorado, to explore alternatives to the
proposed project.
• Corps of Engineers (COE):
- EPA identified significant environmental issues including wetland and habitat loss from
proposed construction of two controversial water supply projects (City of Marion
Water Supply Project, IL; Regional Raw Water Supply Plan, Lower Virginia
Peninsula). EPA negotiated successful resolution of its concerns over the City of
Marion project, and continues to work for resolution of the Virginia project.
- The COE's draft EIS addressed proposed revisions to the Missouri River Master
Water Control Manual, the basic water control plan and objectives for the operation of
the mainstream reservoirs. The EIS did not address continuing degradation of the
Missouri River ecosystem, likely jeopardy to three federally listed endangered species,
nor adequately examine alternatives. EPA continues to discuss resolution of the issues
with COE.
- The COE's draft EIS for the American River Watershed Project-Auburn Detention
Dam Plan, CA, examined American River flood control measures, including a flood
detention dam to be constructed at Auburn, with potential for impacts on water
quality, air quality, the canyon ecosystem and associated recreational resources. EPA
was able to reach an agreement with the COE that it would not to go forward with the
detention dam alternative at this time.
• The COE proposed to reissue its CWA Nationwide Permits (NWPs). EPA's review of
the proposal revealed deficiencies including, in particular, lack of environmental
documentation for the NWP proposal. EPA worked with the COE to develop a
proposal meeting the requirements of the CWA and NEPA.
• Federal Highway Administration (FHWA):
- EPA and the regions continued to work with the FHWA to improve its analyses of
potential direct, indirect and cumulative impacts to wetlands and habitat and to
decrease the number of segmented projects. Specific significant projects included:
Route 125 South, CA; Wilmington Bypass, NC; US Highway 12, WI (involving
potential impacts to the Baraboo Hills, a National Natural Landmark); and the South
Lawrence Trafficway, Lawrence, KS (also involving environmental justice issues).
EPA's NEPA Compliance Policy - EPA is required to comply with the procedural requirements
of NEPA for its research and development activities, facilities construction, wastewater treatment
construction grants, and EPA-issued NPDES permits for new sources, and is considered to be
"functionally equivalent" to the procedural requirements of NEPA for its other activities. Among
its responsibilities in this area, EPA: continued to ensure Agency compliance with cross-cutting
environmental laws; prepared draft preliminary guidance for adding environmental justice to
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EPA's NEPA compliance process and released it for public comment; and worked closely with
OW, OGC and the regions to develop guidance for NEPA compliance for grants for 20
wastewater projects directed under the FY96 Appropriations Act.
International Enforcement and Compliance - OECA continued to manage the Agency's
international enforcement and compliance assurance program activities, including capacity
building and cooperative enforcement and compliance assurance activities in the international
arena.
• Developed enforcement and compliance assurance plans for Border XXI, a comprehensive
binational plan that will guide government action, infrastructure development and
industrial growth in the border area. Our contribution focused on cooperative targeted
enforcement initiatives, aggressive inspection programs on both sides of the border,
networks of state, local and federal agencies, compliance monitoring, and promotion of
pollution prevention and voluntary compliance.
• Supported task forces in the Attorney General offices of Texas and New Mexico to utilize
state and local enforcement authorities against developers of colonias on the U.S. side of
the border with Mexico. Colonias are unplanned communities in which developers often
sell or lease land to economically disadvantaged minority members without providing basic
water and sewer services.
• In cooperation with Regions 6 and 9 and other offices, developed and implemented the
1996 workplan for the U. S./Mexico Cooperative Enforcement Workgroup, which calls
for building interagency cooperation on both sides of the U.S.-Mexico border and among
all agencies involved in environmental enforcement, such as training for U.S. and Mexican
Customs in transboundary hazardous waste and CFC shipment compliance monitoring
along the border.
• In connection with case development on the Mexican Border, EPA worked: 1) to develop
complex targeting methodologies and to supplement HAZTRAKS with industry data; 2)
with Mexican authorities in the Chihuahua area, to target follow up on suspected violators
regarding wastes abandoned in Mexico; 3) in the Sea-Soil case (involving sale by a U.S.
company of a fertilizer the salinity of which compromised the drinking water on several
ranches in Mexico), with Region 9 and Cal-EPA to develop an enforcement response; 4)
to provide state grants to assist with environmental enforcement to benefit colonias; 5) to
assist communications in maquiladora audit-disclosure cases; 6) to promote use of SEPS;
and 7) to provide counsel generally regarding proposed transboundary enforcement
initiatives.
• In cooperation with the regions and other offices, EPA developed and implemented the
1996 Commission for Environmental Cooperation's work plan calling for cooperation
among the U.S., Mexico and Canada in environmental enforcement and compliance.
Partnership-building activities have included: working toward a common approach for
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voluntary EMSs companies are expected to adopt under ISO 14000; developing a
continent-wide waste tracking system to improve enforcement and compliance of
requirements controlling hazardous wastes; improving enforcement of CFC requirements
under the Montreal Protocol; and promoting voluntary compliance.
• On behalf of EPA and in partnership with the Netherlands' Ministry of Housing, Spatial
Planning and the Environment, OFA planned and conducted the Fourth International
Conference on Environmental Compliance and Enforcement in Chiang Mai, Thailand; 200
governmental and non-governmental participants from 100 countries and international
organizations attended. Associated OFA accomplishments included: commitments from
participants to form six regional environmental enforcement networks; Conference
Proceedings contributions from over 55 countries and international organizations; five
new capacity building support documents printed and distributed for comment which
provide comparative hands-on information on source self monitoring requirements,
multimedia inspection protocols, and transboundary shipments of potentially hazardous
(waste, pesticides and ozone depleting) substances, and, in partnership with the Dutch,
documents financing environmental permit, compliance monitoring and enforcement
programs; communication strategies for enforcement; and organizing programs an Internet
homepage for all conference-related material.
• EPA provided support for the successful effort required to develop and enact the
Antarctic Environmental Protection Act. In anticipation of an EPA rulemaking and
associated EIA for tourism activities in Antarctica, OFA has supported a study that
provides data on the 46 sites most heavily visited in Antarctica.
* Capacity building:
- EIA Outreach: OFA delivered training in the Principles of Environmental Impact
Assessment to four more countries (Russia, Hungary, India and Ukraine). Hand-off
was completed for Hungary and Ukraine. In addition, OFA provided technical
assistance and information on EIA policies and procedures to representatives from
France, Australia, Korea, India, Japan, the Newly Independent States, and China.
- Principles of Environmental Enforcement and Compliance. This course serves as an
important component of the U.S. program to meet its commitments undertaken at the
United Nations' Conference on Environment and Development (the 1992 Earth
Summit in Rio de Janeiro), including the commitment to develop institutions and
capacity for effective environmental enforcement. During FY96, OFA presented the
course in one- or three-day versions in Belize, El Salvador, Malaysia (2 deliveries),
and Thailand; in the Washington area, the course was delivered to South Africa, the
World Bank, and as a training session to forty potential EPA facilitators.
3.6.3 Pollution Prevention
In FY96 Region 1 established a new, multimedia organization that places compliance and
pollution prevention within a single office, the Office of Environmental Stewardship (OES). As
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part of the new organization, Region 1 built an unprecedented multimedia Office of Assistance
and Pollution Prevention that has introduced and expanded upon a number of initiatives. In this
way, all assistance efforts of the region incorporate pollution prevention objectives.
Region 2 negotiated several SEPs in FY96 that resulted in significant pollution prevention. For
example, the RCRA program negotiated eight SEPs that will result in environmental
improvements, including:
• Proper management and recycling of 144,000 gallons of used oil at one facility and the
implementation of a used oil characterization program for one million gallons per year at
another
• Safe management of 10,000 gallons of lead paint waste that was being improperly
disposed
• Safe management of 8,000 gallons of hazardous waste that had been abandoned
• Elimination of 100 pounds per month of volatile hazardous waste that had been previously
released into the atmosphere
• Cleanup of 268 cubic yards of lead contaminated soil at a foundry, of which 30 cubic
yards have already been removed.
In addition, the Region 2 TSCA program has continued to actively promote pollution prevention
through its use of SEPs. TSCA settlements in FY96 incorporated numerous SEPs, as well as
injunctive relief, which has resulted in the following types of environmental improvements beyond
compliance:
• Total of 31 PCB transformers containing 7,265 gallons of PCB contaminated liquids, were
removed from active use and properly disposed eliminating risk of fire, spills pr exposure
• The Coast Guard has agreed to notify all their facilities nationwide of the requirements for
proper handling of CFC's, during servicing & disposal of Coast Guard's air conditioning &
refrigeration equipment
• School buildings in at least five school districts in environmental justice areas of Long
Island were cleared of aged hazardous chemicals that had accumulated in classrooms and
laboratory storage areas, thereby reducing risk to students & faculty
• Day care centers at five locations in New York have been tested for lead and have
successfully undergone lead abatement and/or encapsulation of lead in paint and
playground soils to meet federal standards.
Region 4 produced two videos on the subjects of pollution prevention and field citations
respectively. The videos were viewed at the annual EPA/state/local enforcement workshop in lieu
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of sending personnel. This was a flexible, innovative method to accomplish EPA's mission during
the budget constraints era.
Region 6, in partnership with the U.S./Mexico Pollution Prevention Workgroup, produced and
distributed the third in a series of bilingual pollution prevention industry specific manuals. The
bilingual Pollution Prevention in the Electronics Industry manual was reviewed extensively by the
Workgroup members, finalized and distributed to maquiladoras, Universities, Chambers of
Commerce and through the Workgroup contacts. A fourth manual, Pollution Prevention in the
Textile Industry, had also been extensively reviewed by the Workgroup members, and will be
published by March 1997.
Region 6 developed the pollution prevention portions of the Border XXI Framework Document,
which codifies how the United States and Mexico will coordinate environmental management
issues into the next century. The region also awarded six cooperative agreements under the
Pollution Prevention Incentives for states grant program, two special cooperative agreements
under the set aside grant program, and two grants to support the activities of the US/Mexico
Pollution Prevention Work Group under the regional geographic initiatives and Office of
International Activities grant programs.
Region 7 incorporated various pollution prevention SEPs into its administrative penalty
settlements. The SEPs represented expenditures by the respondents of almost $2,250,000. One
facility alone will reduce toluene usage at their facility by approximately 90 percent and will
achieve a reduction of EPCRA section 313 chemicals to below the 10,000 pounds per year
threshold level to meet the TRI requirements.
Region 7 presented 11 Pollution Prevention Environmental Excellence Awards to environmental,
community and nonprofit organizations; large and small business, industry, trade and professional
organizations; and federal, state and local governments. These organizations sponsored a wide
variety of projects ranging from education, communication, technology transfer, and cooperative
geographic efforts to innovative incentives that prevent pollution. The annual awards program
recognizes environmental excellence through pollution prevention.
Region 7 staff initiated a multimedia pollution prevention pilot project to identify commercial
grain storage sites that could contaminate drinking water supplies. Review of the available data
indicate that the groundwater near 107 grain storage sites operated by the U.S. Department of
Agriculture (USDA) have been contaminated by carbon tetrachloride, a commonly used grain
fumigant. This pilot project targets commercial grain storage facilities with the potential to
contaminate drinking water based on the region's experience with USDA sites, to determine
whether groundwater contamination is present, and to work with the facilities to identify and take
steps to protect any threatened public water systems.
During FY96 the procedure of having RCRA inspectors provide pollution prevention handouts
during their regular compliance inspections was expanded to include air and water inspections.
Region 7 staff have established a records system that includes industry-specific pollution
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prevention material. This allows inspectors to provide pollution prevention information specific
to a particular industry during each inspection.
Region 9 presented the first Regional Pollution Prevention Awards to four companies for their
longstanding commitment to pollution prevention. EPA recognized:
• IBM Corporation's Storage Systems Division in San Jose, California, for its aggressive
pollution prevention program that has shown impressive environmental benefits over the
past decade as well as economic savings of $7.3 million since 1991.
• Larry's AutoWorks of Mountain View, California, for its continuing pollution prevention
efforts and its leadership and initiative in advancing pollution prevention practices in the
automotive repair industry.
• Lockheed Martin Missiles and Space of Sunnyvale, California, for its continuing
dedication to pollution prevention, including its comprehensive staff and management
participation which reduced the facility's Toxic Release Inventory emissions from 241,900
pounds to 12,200 pounds (95 percent) since 1990.
• The Monsanto Company's Avon plant in Martinez, California, for its history of continuous
improvement of environmental management systems. The plant reduced air emissions 75
percent since 1982, despite a 91 percent increase in annual production. Further, the plant
achieved a 16-fold reduction in potential employee exposure to catalyst dust, eliminating
the need for respirators. The cost for Monsanto's improvements was $40,000 with an
annual savings of $77,000.
In Region 9, the MERIT Partnership for
Pollution Prevention has conducted projects
with the metal finishing and industrial laundry
industries. The metal finishing work
involves the implementation of pollution
projects at small and medium-sized metal
finishing facilities in southern California. The
projects include technical and financial
support to participating facilities to implement
and evaluate pollution prevention techniques
and technologies for targeted metal finishing
processes. The industrial laundry work
focused on assessing the effectiveness of
various pollution prevention measures in a
small industrial laundry and in some of the
small businesses that are customers of the
laundry. Activities completed in the second half of FY96 include one pollution prevention
component that involved the development and implementation of best management practices
During FY96, MERIT program in Region 9 completed
the reverse osmosis applications for anodizing
operations project at BANCO Metal Surfacing and
Anodizing of Ontario, California which implemented and
evaluated a reverse osmosis (RO) technology.
Installation of the RO unit resulted in the recycling to the
process bath concentrated black dye and nickel acetate
solutions, recycling clean water back to the rinse tank,
and eliminating the discharge to the POTW. Results
from the project indicated the RO units have (1) reduced
water use and waste water generation by 60,000 gallons
per month and (2) reduced black dye usage by 11.5
pounds per month. Consequently, the trivalent
chromium present in the black dye and the nickel present
in the nickel'acetate have been eliminated as pollutants
discharged to the POTW. The payback period was
approximately 2 years.
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(BMPs). This included training of the laundry personnel to implement BMPs. In addition, the
design of an in-process recycling and treatment system was completed.
Region 9 has partnered with the Arizona Department of Environmental Quality, DOE Lawrence
Livermore National Laboratory, the City of Phoenix, and the Phoenix Chapter of the American
Electroplaters and Surface Finishers Society to provide pollution prevention technology transfer
to Arizona metal finishers. In late 1995, the project selected three volunteer demonstration
facilities in South Phoenix, an environmental justice community, to receive pollution prevention
opportunity assessments. The lessons learned from these three local facilities are now being used
in a series of twelve in-depth technical workshops for other area metal finishers to prove to them
the benefits of implementing pollution prevention.
3.6.4 Environmental Justice
Despite conflicting views as to the cause, there continues to exist a wealth of evidence that
residents in communities of color and poor people bear a disproportionate burden of exposure to
pesticides and other environmental hazards. Environmental justice is about raising awareness to
the issues, trying to achieve fairness in environmental policy and trying to impact how
environmental policy decisions are made. This section summarizes selected environmental justice
accomplishments in headquarters and in the regions.
The National Environmental Justice Advisory Council (NEJAC) is a federal advisory committee
established in September 1993 to provide independent advice, consultation and recommendations
to the EPA Administrator on matters related to environmental justice. It is a unique and effective
means of identifying and addressing environmental justice problems in a comprehensive manner.
The following examples highlight some of the NEJAC's activities in FY96:
• A Model Plan for Public Participation was developed by the Public Participation and
Accountability Subcommittee of the NEJAC. The plan encourages public participation in
all aspects of environmental decision and stresses several keys to building successful
partnerships: interaction and community participation are essential and maintaining
honesty and integrity in the process and articulating goals, expectations, and limitations.
EPA has used the plan in its public meetings with excellent results.
• The NEJAC/OSWER National Relocation Pilot came about as a result of public
comments provided at a NEJAC council meeting and a NEJAC public roundtable on
relocation. Public meetings were held with the community in Pensacola, Florida to ensure
that relocation was in the best interest of the 358 residents in this predominantly African
American community living adjacent to two contaminated Superfund sites. The relocation
will cost approximately $25 million and the site will be cleaned up, redeveloped and
rezoned by the city for non-residential use. The Pensacola Relocation Pilot will serve as a
national model and has wide ranging implications for the Agency's policy on relocation.
• In FY96, the Agency awarded $3 million in Office of Environmental Justice Small Grants
to 152 organizations across the nation to address such issues as childhood lead poisoning,
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pollution prevention and sustainable development. These small grants were awarded
through the regional offices.
• The Community/University Partnership is in its third year and has allotted over $4 million
to awardees addressing environmental justice issues. Such grants help community groups
efficiently address local environmental justice issues through active partnership with
institutions of higher education. This year the office awarded an estimated $2 million in
grants, with a maximum grant award of $250,000.
• The National Enforcement Training Institute and the Office of Environmental Justice
(OEJ) developed an environmental justice training program for enforcement personnel.
The course provides an overview of environmental justice, beginning with the history of
pollution and examines the impact the environmental justice movement has had on sbciety
in general and on enforcement and compliance activities in particular. The objectives of
the course are to raise awareness of the environmental justice issue and provide the
student with knowledge of what constitutes an environmental justice enforcement issue.
At the regional level, there were also significant accomplishments in environmental justice. The
following are examples of such accomplishments:
• Region 1 created a cross-cutting Urban Environments Team to coordinate compliance and
pollution prevention actions in support of the region's comprehensive strategy for its
Urban Environment Initiative. The Urban Team targets activities within urban
communities for which environmental justice is a primary consideration, and for these
areas coordinates planning across media enforcement programs and our Office of
Assistance and Pollution Prevention.
• In August 1992, within Region 2, the Comite De Apoye a Los Trabajadores Agricolas
(CATA)- Farmworkers Support Committee, tested water wells serving 51 camps in four
counties in New Jersey and found that 33 percent had exceedances of nitrate standards.
Based on these results, CATA applied for and received.an EPA environmental justice
grant to repeat and expand the monitoring. Similar results were reported to EPA in
February 1996. As a result, EPA has taken action to ensure the water supply in these
camps is tested on a more frequent basis and that contamination problems are resolved.
By the end of FY96:
- 30 of the 100 migrant worker camps were determined by the appropriate state
agency to meet the definition for public water supply under the SDWA. As such,
these camps have been added to the states PWS inventory and are subject to
SDWA monitoring.
- Region 2 is monitoring compliance of the newly inventoried water systems and
performing data audits of state and local agencies that oversee the camps. Where
compliance is not maintained and the state fails to take action, Region 2 will issue
enforcement actions.
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In Region 3, the Baltimore Urban Environmental Initiative includes a Childhood Lead
Poisoning Prevention Program, aimed at providing families who live in high-risk
housing, with at-risk children, with materials and techniques needed for cleaning their
homes to reduce lead-bearing dust. Over 1,300 lead-dust cleaning kits have been
distributed to families in targeted areas around Baltimore City. The Baltimore City
Health Department trains families to use the Lead-dust cleaning kits, provides lead
education, and produces lead awareness videos.
In Region 3, the City of Chester has the highest concentration of industrial facilities in
the Commonwealth of Pennsylvania. It has the highest infant mortality rate coupled
with the lowest birth rate in the state, the highest death rate due to malignant tumors,
the highest percentage of African-Americans of any municipality in the state, and is the
poorest community in Delaware County. The Chester Risk Assessment Project was
part of an initiative by Region 3 and agencies of the Commonwealth to study
environmental health risks. Findings include: 1) blood lead in Chester children is
unacceptably high, 2) both cancer and non-cancer risks from the pollution sources at
locations in the city of Chester exceed EPA acceptable levels, 3) air emissions from
facilities in and around Chester contribute to cancer risk to the citizens of Chester, and
4) health risks from eating contaminated fish from streams in Chester and the Delaware
River are unacceptably high. The Chester Implementation Workgroup, comprised of
people from different federal, state, county or city agencies or departments, and
citizens groups address health and quality of life issues. The first area to be addressed
is the reduction of children's blood lead levels. Public awareness efforts have begun,
testing and a comprehensive health study is being planned and potential
abatement/mitigation actions are being developed along with location funding
mechanisms to implement these clean up efforts.
Region 3's Drinking Water/Ground Water Protection Branch of the Water Protection
Division completed a project with Edison High School, Philadelphia. EPA helped
students restore and maintain an on-site school pond which had fallen into disarray.
The student body is mostly Hispanic and African-American and the school is located in
a blighted section of the city. This pond was created by the students/faculty and served
as a resource for biology classes.
Region 3 has a Cooperative Agreement with the Johns Hopkins University School of
Hygiene and Public Health to conduct an environmental and health characterization of
south/southwest Philadelphia. The purpose of the study is to determine the state of the
environment using existing data bases and to develop a health profile of the
community. The region participates on the Environmental Implementation Team
(EIT), which reviews the progress of the study. Johns Hopkins will conduct
educational seminars to provide the community with a background that will allow them
to review the report and understand its findings.
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Region 3 launched the Anacostia Ecosystem Initiative to help address interstate
environmental issues in the Anacostia River watershed (MD and DC) and the minority
areas of the District, known as the Anacostia neighborhood. This project includes
watershed restoration, multimedia risk reduction, and public education and awareness.
The project has had a profound impact on the community and in offering EPA services
to the community in a coordinated and targeted fashion. Regular community meetings
have been held to keep the public informed of EPA activities. The project has resulted
in several firsts for the region, including a full-time community liaison. In addition,
EPA was instrumental in getting public fish consumption advisories strengthened and
new signs posted along the River, conducting Clean Water Act enforcement actions to
stem major waste oil spills into Hickey Run. A comprehensive hazardous Waste Site
Assessment activity has been undertaken to respond to significant community concerns
to address historical dumping activities in the community and related to Anacostia
River pollution.
In FY 96, Region 4 conducted an environmental justice investigation at the Pineview
Sanitary Landfill/Yerkwood Community. The investigation was requested by the Region
4 Water Management Division in support of the environmental justice program and in
response to environmental concerns from the Yerkwood Community about the Pineview
Sanitary Landfill. The region found that two creeks that traverse the Yerkwood
community were polluted and identified some of the sources impacting the creeks. In
addition, it was determined that the NPDES permit requirement to sample the landfill
outfalls following a 0.1 inch rainfall event may not provide representative samples of storm
water discharges, and that the semi-annual sampling frequency for the outfalls may not
provide sufficient information for decision making.
Region 4's Air and EPCRA Enforcement Branch along with the Alabama Department of
Environmental Management pursued a community-based protection approach to address
complaints of air pollution originating from various sources (e.g., area sandblasting,
painting of boats, and open burning of laminants from wood furniture manufactures.)
received from citizens living in and around Mobile, Alabama. The Office of
Environmental Justice awarded a grant of $150,000 to Tuskegee University, an
historically black university, to survey the community and design an educational outreach
program for the community that will educate them on environmental processes such as
regulatory development, permitting, and enforcement.
Region 5 sponsored a conference on community involvement in the enforcement process
on June 27, 1996, in conjunction with Chicago-Kent College of Law that brought together
public interest attorneys, community representative, and EPA. The conference focused on
the issues of identifying the community, community involvement in enforcement targeting;
and community involvement in settlement negotiations'. Important issues and suggestions
were raised and discussed, yielding a few general themes. Community skepticism toward
the Agency needs to be addressed by trust-building efforts, notably establishment and care
of better informational networks available to communities. Via Internet and other means,
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EPA needs to improve communication of information on specific cases and educate the
public about the enforcement process.
Region 6 awarded 16 environmental justice grants totaling $300,000 for activities in
Region 6 environmental justice communities. These grant projects serve as vehicles for
community outreach and support of environmental justice initiatives.
The Region 6 environmental justice workgroup recently completed work to draft a
regional environmental justice strategy implementation process. Included in the strategy is
the development of a more-defined structure and implementation protocol for the regional
environmental justice program, internal environmental justice training and grant-writing
training for communities.
Utilizing the regional GIS, Region 7 overlaid media-specific facility information such as
location of RCRA facilities, RCRA large quantity generators, Superfund sites, USTs, air
emission sources, and TRI releases in the St. Louis area with pertinent socioeconomic
information obtained from the U.S. Census Bureau. Based on this information FY97
multimedia inspection targets have been identified in areas of environmental justice
concern.
A principal Region 8 environmental justice activity was conducting multimedia
inspections/ compliance assistance at two major Tribally owned and operated businesses in
North Dakota (Sioux Manufacturing Company, and Turtle Mountain Manufacturing
Company). Based on information in our data systems, these two companies are the largest
employers on Tribal lands in Region 8, excluding casino operations. They each employ
over 100 people and have multimedia environmental concerns.
Region 8 developed an environmental justice applications GIS model to address the need
to respond quickly to requests for site-specific information about environmental justice
concerns. The model is available on the computers of Region 8 staff and permits anyone
to identify quickly the demographics of a site and to map other permitted facilities in the
area. The model prints a map showing the site and the location of nearby permitted
facilities as well as demographic information. In addition, it creates a report listing
demographic data and the names of permitted facilities that are shown on the map.
Region 8 developed environmental justice protocols for inspection targeting, which relies
on readily available information in the regional GIS system to rank all facilities in a given
sector using specific environmental justice criteria. These criteria include demographics
(low income data and minority data) and a surrogate factor for potential disproportionate
risk (number of TRI facilities within a one-mile radius).
Region 8 has integrated environmental justice concerns into the NEPA process through
having environmental justice staff coordinate with regional NEPA staff, national NEPA
training efforts, and national NEPA guidance initiatives. For example, for the Zortman-
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Landusky EIS for the expansion of a mine and heap leach facility adjacent to the Fort
Belknap Reservation in Montana, staff provided comments that identified environmental
justice considerations that needed to be addressed in the NEP A process. These
considerations included treaty issues and cultural and religious use of resources that may
be impacted by the mine expansion.
• Region 9 conducted an environmental justice pilot projects in West Oakland and
Watsonville as part of the region's environmental justice assessment project. These
projects seek to identify minority and/or low-income communities with numerous existing
or potential environmental hazards, identify options for addressing the most significant
environmental problems in these communities, and begin to address the problems through
EPA action and the involvement of other agencies with jurisdiction.
3.6.5 Compliance Assistance
Over the past 2 years, since its reorganization, one of OECA's new responsibilities is fostering
compliance among the regulated community. The Agency uses several tools to help meet these
responsibilities. Discussed below are some of the activities undertaken during the last fiscal year
that promoted and encouraged compliance assistance in the regulated community. Additionally,
many of the sector-based and media-specific sections of the report include discussions of
compliance assistance efforts.
• Region 1's Assistance and Pollution Prevention Unit provided technical assistance in many
different forms. The region handled more than 7,000 requests for assistance, sponsored
over 80 workshops and training sessions, visited over 150 businesses and municipalities,
developed compliance manuals, organized innovative technology demonstration projects,
and provided nearly $1 million in grants for assistance and pollution prevention projects.
Noteworthy achievements in FY96 include:
- Launching the New England Environmental Leadership Program and StarTrack third-
party certification pilot
- Establishing the CLEAN program pollution prevention and compliance audits for small
metal finishing businesses in New Hampshire and Maine.
• Region 1 focused its compliance and pollution prevention assistance work on sectors that
had a history of compliance problems, had assistance needs unmet by other sources, had
the potential to improve significantly with information on compliance and pollution
prevention, were willing to work with EPA, and were not enforcement targets. The
region targeted: metal plating and finishing (SICs 3471 and 3479), electronics (SICs 3672
and SIC 3674), printing (SICs 2711-2789), auto repair (SICs 753 and 754; also, 554) and
municipalities. Three of these sectors were also CSI priorities. Combined, these include
over 75,000 entities.
• In Region 1, assistance and pollution prevention staff were involved in 53 on-site
assistance visits during FY 1996. Of the 53 visits, 21 visits provided technical and
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compliance assistance to wastewater treatment plants, 6 provided technical and
compliance assistance to LEPCs and SERCs, and one visit was part of the CLEAN
program described below. The remaining 25 assistance visits included 10 audits of
environmental management system as part as the StarTrack, ELP, and Federal Facilities
programs, 8 visits to provide technical assistance in EPCRA, 6 visits to conduct chemical
safely of accident investigations under EPCRA, and one visit to provide technical
assistance regarding the reuse of materials in a closing operation.
More than 70 industry representatives attended Region
1's Metal Finishing 2000 workshop in Portsmouth, NH.
Northeast Utilities, NH Department of Environmental
Services, and Maine Metal Products Association co-
sponsored this compliance and pollution prevention
education event Participants rated the workshop high,
especially the technology demonstrations provided by
vendors and EPA's presentation on energy savings.
Region 2 established the Compliance
Assistance and Program Support
Branch within the Division of
Enforcement and Compliance
Assistance to serve as the focal point
for delivering multimedia compliance
assistance and facilitating technology
transfer to the regulated community,
the public, states and other local
partners. This new branch coordinates with Region 2's inspectors and local partners up-
front to ensure more efficient targeting and effective delivery of outreach.
Region 2 teamed with local partners to offer workshops designed for priority sectors (e.g.,
dry cleaners) and Federal Facilities. Multimedia seminars for industry-wide audiences
were also held - these provided "one
stop" overviews of EPA's new
regulations, policy updates and
innovative approaches. Single media
compliance assistance information
packets and seminar invitations were
mailed to facilities potentially impacted
by new regulations (e.g., RCRA Air
Emission and UST rules).
Region 2 found that small businesses along with civilian
federal agencies (CFAs) have lower compliance rates
than larger companies and DOD and DOE facilities
because of their general lack of resources and expertise
with environmental compliance. The region decided to
conduct a networking campaign to ensure inclusion of
small businesses and CFA's on its mailing lists for
outreach events. It also partnered with other agencies on
providing seminars targeted to these groups to help
promote compliance.
Region 2 held three multimedia
seminars to provide businesses across
industry sectors with regulatory/policy updates on 7 EPA programs. 1,149 New Jersey
and 1,200 New York companies were invited; 263 attended. These seminars resulted in
an increased awareness of regulatory requirements and contacts for assistance. All
participants requested EPA to conduct more multimedia seminars. Fifty RCRA technical
assistance manuals (i.e., TC, LDR and waste minimization) were requested and distributed
to industry as follow-up to the multimedia seminars.
Region 2 conducted TRI outreach by mailing 1,600 facilities the latest changes to the
regulations, holding 9 seminars attended by 600 facility representatives, conducting 3
multimedia seminars with over 150 facility representatives, supporting 4 NJDEP seminars
attended by 200 facility representatives, and making 8 presentations concerning the
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recently effective Section 1018 Disclosure Regulations (4 were for the new regulated
communities and 4 were for other government agencies). A total of 1,100 people were
trained.
Region 2 hosted two Common Sense Initiative meetings in New York City whereby local
stakeholders agreed to learn, and in turn, educate small printers within their communities
on how to incorporate pollution prevention into business practices. The community
developed a technical directory for compliance and pollution prevention. This project
could serve as a national model for outreach to printers and their communities and could
impact nearly 2,500 printers in New York City.
Region 2 also: 1) cosponsored with New Jersey 5 workshops reaching approximately 350
mostly small businesses on complying with the 1988 UST upgrade requirements, 2)
conducted 2 seminars for small businesses on stormwater permitting, 3) conducted a
seminar in New York in partnership with Research Triangle Park and EPA headquarters
on the new RCRA Subpart CC Air Emissions Rule, and 4) made 5 presentations at
industry seminars on EPA internet resources for providing compliance assistance.
Region 3 's CWA 104(g) Operator Outreach Program provides free onsite technical
assistance to small communities having problems complying with their NPDES permit. A
part-time or full-time onsite trainer is assigned to a community and helps evaluate
problems and develop a remedial work plan. Trainers work with the community, the
operator, and authority members to achieve compliance. Assistance is provided in areas
such as process control, maintenance management, laboratory procedures, sludge
treatment and disposal, financial management, safety, energy efficiency, and right-to know
compliance. Innovative tools being used in this program include on-site computers with
special software, video tapes for lab procedures, a handbook to accompany these videos,
and a handbook for local officials is also being prepared.
Region 4's compliance assistance highlights range from general compliance assistance
activities to efforts targeted at specific high priority sectors. For example, North
Carolina's RCRA program reported over 1450 man-hours of on and off-site technical
assistance to industries in the state. Thirty-one percent of these hours were waste
minimization technical assistance.
Region 4 examples of targeted efforts included dry cleaners and chrome electroplaters.
These two industries were targeted for major compliance assistance efforts in Florida and
Georgia due to new NESHAPs aimed at reducing inhalation risks to the public and
workers. These initiatives were highly successful in educating industry to enhance
compliance, evoke changes in behavior, and either have or are expected to result in
increases in sector compliance rates. Georgia reported an 81 percent compliance rate for
chrome electroplaters with the new air toxics NESHAP. Florida reported 64 percent of
dry cleaners targeted this year entered the regulatory system via notification as a result of
on-site compliance assistance. However, while most states report a significant amount of
activity, reporting of results such as the above was very limited.
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Region 5's Prefreatment Team provides both informal and more formalized assistance to
members of state and local governments, regulated industries and their consultants to
improve understanding and compliance with the requirements Of the National Pretreatment
Program. In FY96, formal assistance included working with approximately 20 POTWs to
upgrade their legal authority, enforcement procedures, and/or local limits to improve their
programs and make them consistent with current federal limits. Onsite assistance was
provided during the course of two pretreatment audits and three pretreatment compliance
inspections; offsite assistance was provided to a POTW in bringing a centralized waste
treater under control. Team members also participated in three national meetings for
those involved in the pretreatment program. More than 500 people attended. Team
members also contributed to five workshops and meetings reaching statewide or
geographic area audiences.
Region 5 conducted workshops for more than 900 violators of the SDWA nitrate
monitoring requirements. Since the workshops, 780 systems have voluntarily returned to
compliance; the remaining 120 are receiving federal followup. It is anticipated that at least
30 of the 120 remaining systems will return to compliance via other methods of
compliance assistance.
Under the Region 5 RCRA program, the direct implementation program completed
assistance to tribes applying for monitoring waivers and was able to approve waivers that
saved the tribes more than $1 million in monitoring costs. Similarly, the Region 5 states
implemented waiver programs that also significantly reduced monitoring costs for
regulated public water systems.
Region 8 conducted compliance assistance as part of the asbestos awareness training,
implementing EPCRA 313 TRI provisions for federal facilities, auto service/ RCRA
compliance assistance, and the agriculture sector chemical safety initiative.
Region 9 organized a highly successful roundtable on regulatory reform involving over a
dozen small business representatives from the San Francisco Bay Area. The dialogue
resulted in several useful recommendations for the Agency and strengthened the region's
communication with the local business community and the Small Business Administration.
In FY 1996, Region 9 developed strategies for identifying its priority activities and
outcomes for small business assistance in two related areas: 1) assisting small businesses in
complying with environmental regulations, and 2) providing small and disadvantaged
businesses greater access to government procurement opportunities. These strategies will
be implemented in FY 1997. Interviews and internal focus groups will be used to evaluate
current programs and identify ways to better coordinate assistance and outreach.
EPA issued a document that provides a list of EPA statutory and regulatory provisions
that may affect agricultural commodity producers. The document also provides a partial
list of EPA publications associated with the various legal provisions that allows interested
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persons to obtain additional information about specific requirements. There is also a list
of direct sources of assistance (e.g., hotlines).
EPA issued a set of 17 new questions and answers interpreting the Worker Protection
Standards. The question and answers are additions to a larger document developed in
prior years and accessible to the regulated community and federal and state regulators.
The division also substantially completed an inspectors9 pocket guide to the standard,
which will also be available to the regulated community when published in FY 97.
EPA produced the Multimedia Compliance/Pollution Prevention Assessment Guidance for
Lithographic Printing Facilities. This guidance helps regions and states determine the
compliance status of printing facilities and identify ways to bring them into compliance and
go beyond compliance. This document can be provided to the printing community for
conducting self-assessments/self-audits and can be valuable in assisting printers to develop
methods to incorporate pollution prevention into their everyday practices.
OECA's Chemical Industry Branch completed the EPA/CMA Section 608 compliance
assistance pilot project, which developed an overview of the amendments to the 608
requirements, training module, and self-audit checklist were developed and were made
available to the public through CMA and the Stratospheric Ozone Information Hotline.
Approximately 700 copies of the regulatory overview and 300 copies of the training
module and self-audit checklist were distributed through the hotline. EPA received
positive feedback from the industry on these tools.
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3.7 Performance Partnership Agreements
To ensure the best possible protection of human health and the environment across the country, it
is imperative that environmental regulatory agencies at all levels of government share the same
priorities and present a unified approach to environmental protection. Just as EPA headquarters
and the regions negotiate MOAs, the regions and their respective states develop PPAs. PPAs are
tools that allow the regions and the states to present that unified approach and work together to
develop and implement environmental management programs. Such agreements are the
framework on which environmental protection is based.
FY 1996 was the charter year for PPAs nationwide. The National Environmental Performance
Partnership System (NEPPS) set them into motion. NEPPS created a new approach to the
relationship between federal implementation of environmental protection activities and state
implementation. The principles focus on joint planning based on environmental goals, more public
understanding of environmental protection and government activities, and a differential approach
to oversight.
In FY96, several regions began the process of negotiating PPAs with their states. In Region 1,
for example, principal negotiation teams were developed for all six New England states —
Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont. The scope of
each of the PPAs is presented in Table 3-2.
Tabfe 3-2* Scope 6f Performance Partners
: SttteAgettcy „ ,\- H ^
CT Department of Environmental
Protection
ME Department of Environmental
Protection
MA Department of Environmental
Protection
NH Department of Environmental
Services
RI Department of Environmental
Management
RI Department of Health
VT Department of Environment and
Conservation
VT Department of Agriculture
>'*\s StoopeoinhPA -'
All programs
All programs
All programs
All programs
Waste
All programs
Water
Pesticides
Scope of Grants
Water, RCRA, UST, pesticides,
PCBs, air
All programs
All programs
Water, RCRA, UST, air
Waste, water, pesticides, air
PWSS, lead, asbestos, radon
Water, air, UST, RCRA
FIFRA
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In Region 2, the region and New Jersey DEP negotiated and signed a PPA that shifts the
emphasis from traditional measures used to evaluate compliance and enforcement programs to
measures such as compliance rates and timely and appropriate enforcement response. A PPA is
currently being negotiated with New York in a similar fashion.
In Region 4, the Regional Environmental Strategic Plan (RESP) recognizes, as a guiding
principle, the need for the region and the states to develop stronger, more collaborative
partnerships to strengthen their joint capacity to address environmental issues. The RESP
recognizes PPAs as a key vehicle to accomplish this objective. During FY96, Region 4 promoted
and developed such partnerships with its state counterparts. As a result of these efforts, the
region is poised to sign its first PPA/Performance Partnership Grant with the state of Georgia for
FY97, its first PPA with the state of North Carolina for FY97, and is working toward an FY97
PPA with the state of Florida.
The region's pending partnership agreement with the state of Georgia is particularly noteworthy
because Georgia will be the first Region 4 state to take advantage of the new performance
partnership grant authority. The pending agreement represents a joint effort on environmental
strategic planning covering 13 environmental programs, including air, water and hazardous waste.
The agreement will also cover important areas such as pollution prevention, environmental justice,
and community-based environmental protection.
In FY96, Region 5 was operating with one signed Environmental Performance Partnership
Agreement (EnPPA). By the end of the fiscal year, the region was renegotiating the standing
PPA for FY97, along with four new EnPPAs in other states. To better implement its EnPPA
process in the future, and to assist other regions in the same process, Region 5 reviewed its
activities and developed a list of lessons learned. The following are some of the recommendations
that resulted from the regional review:
• Having a solid NEPPS workgroup, including members from all levels, participation of the
Office of Inspector General, and having a core group to screen all agreements
• Assigning individual state leads, with a coordinator
• Conducting an informal internal process to review and negotiate EnPPAs
• Obtaining senior leadership team (SLT) attention
• Implementing the new NEPPS approach, including environmental indicators, cross-media
awareness, and single media communication
• Encouraging high state participation, each with a different EnPPA approach.
During FY96, Region 8 discussed, negotiated, and implemented two PPAs. Colorado and Utah
entered into PPAs, while all six states were funded through categorical grants for three quarters
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and then with PPGs in quarter four. NEPPS set into motion the development of the Colorado and
Utah agreements.
• Colorado - While the negotiations that took place during FY95 were quite time consuming
and detailed, there were still a number of issues that needed to be resolved in regard to
comments received from the public. Specifically, the federal enforcement role was an area
that required extensive negotiations to be able to finalize the responsiveness summary.
Even then, several areas had to be agreed upon. The state of Colorado was the only state
in the nation to work with EPA to pilot the development of leadership criteria, to evaluate
state performance for leadership designation of high performing programs. A working
group developed a comprehensive set of measures, now known as the Fundamental
Performance Measures Document, that describes the performance levels necessary for
acceptable core program performance, (including the 10 EPA measures) and for
leadership program performance.
• Utah - Region 8 and the state discovered that the enforcement measures portion of the
FY95 PPA were not as useful as intended. During the course of the second quarter,
regional and state management agreed to develop an EP A-Utah DEQ Quality Assurance
Team to develop better measures of success for enforcement and compliance efforts to be
piloted in FY97. The workgroup developed a report that includes measures for each
sector area, by media.
The four states of Region 9 (Arizona, California, Hawaii, and Nevada) have yet to express active
interest in a PPA. Thus, in the absence of a declaration of intent to develop an agreement, the
region is pursuing joint priority-setting with the states, through the opportunity presented in
Performance Partnership Grant (PPG) proposals received from Arizona and Hawaii. Region 9
has established task forces of in-house state expertise to work with each state on setting a
strategic direction, aside from working through the mechanics of their PPG proposals. For the
near term, the object of implementation is to identify with each state, within each media,
opportunities for program and administrative improvements and flexibility, areas for reduced
federal oversight, areas for streamlining, and ways to benchmark program performance. For the
long term, the object of implementation will be to operate on the basis of joint decision-making,
using more environmental indicators and public outreach to shape our priorities with the states.
May 1997
3-88
-------
Appendix A
Current and Historical
Enforcement Data
-------
-------
FY1996 Enforcement and Compliance Assurance Accomplishments Report
Table A-l. National Totals - FY 1996 Enforcement Activity
EPA Regional Inspections
CAAStatlonaiy
CAA Mob. Source
NPDES Minors
ft& Msjo®
CWA311
EPCRA313
FIFRA
RCRA.
UST
TSCA
FY94
NA
636
NA
765
569
NA
1.452
FY9S
MA
558
NA
644
587
NA
1.241
FY96
107
499
Z267
571
579
896
SOURCE: program databases^DEA, manual reports
EOYprcjecOoninciu£s60 CERCLA lOsandTO
CMCFCinspecOcns.
Tt&ewealso95GLP inspections tyHQ
(OC/AED/LDIB); 94FIFRAand 1 TSCA
EPAAdmlnisttatlve Compliance Orders Issued
.CAA.
S^CTS,*
CWA
FIFRA
,R.CRA
SDWA
FY 94
279
1.127
NA
330
FY 95
130
865
NA
611
¥Y96
154
504
10
284
SOURCE: Docket, PCS and AFS
EPAAdmlnlstrative Penalty Order Complaints
CERCLA
w&
EPCRA
RCRA
TSCA
FY94
305
99
304
FY95
23
244
91
187
FY96
37
196
178
SOURCE: Docket
EPA Adm. Penalty Final Orders (Conclusions)
CAA. ,
CERCLA
TSCA
Total*
SOURCE: Case Conclusion Data Sheets
EPA Field Citations
1 FY94
1 NA
FY95
NA
FY96
115
UST
SOURCE: Case Conclusion Data Sheets and Docket
New EPAQvll Referrals to DO]
CM ~
CERCLA
EPCRA
RCRA
SDWA
TSCA
FY94
144
35
FY95
102
14
FY96
mm™.
127
19
2
SOURCE: Docket
EPAQvinudlclal Conclusions
CAA
CERCLA
CWA
EPCRA
RCRA
TSCA
Total*
SOURCE: Case Conclusion Data Sheets
A-l
May 1997
-------
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A-6
-------
Appendix B
Significant Administrative, Judicial,
and Criminal Cases
-------
-------
FY1996 Enforcement and Compliance Assurance Accomplishments Report
TABLE OF CONTENTS
REGIONI B-l
Clean Air Act B-l
U.S. v. General Electric Company (D. Mass.) B-l
Goodyear Tire and Rubber Company B-l
U.S. v. Stanley-Bostiteh, Inc. (D..R.I.) B-l
CERCLA B-2
U.S. v. C&M Corp. et al. (D. Conn.) B-2
U.S. v. Charter International Oil Co. (IstCir.) B-2
U.S. v. Comell-Dubilier Electronics, Inc. et al. (D. Mass.); U.S. v. Coaters, Inc. et al. (D. Conn.) B-2
U.S. v. Federal Pacific Electric Co., Inc. et al. (D. Mass.) B-3
Raymark Industries, Inc B-3
U.S. v. Rhode Island Solid Waste Management Corporation (D. R.I.) B-3
U.S. v. City of Somersworthetal. (D. N.H.) B-3
U.S. and the State of Vermont v. Browning-Ferris of Vermont, Inc. & Disposal Specialists, Inc. (D. Vt) . B-4
Michael and David Vining B-4
Clean Water Act B-4
U.S. v. CPF, Inc. (D. Mass.) B-4
U.S. v. Cumberland Farms Inc. etal. (D. Mass.) B-4
U.S. v. Dexter Corporation (D. Conn.) B-5
Town of Essex, Massachusetts B-5
Ideal Forging Corporation B-5
EPCRA B-5
FL Industries, Inc B-5
RCRA B-5
U.S. Department of Veterans Affairs Medical Center (Boston) B-6
U.S. Naval Undersea Warfare Center B-6
TSCA B-6
Teknor Apex Company B-6
Multimedia B-6
James River Paper Company (D.N.R) — B-6
REGIONH B-7
Clean Air Act B-7
U.S. v. Automatic Rolls (D. NJ) B-7
Baxter Healthcare, Corp B-7
U.S. v. Chevron (D. NJ) . B-7
U.S. v. Chevron, USA, Inc., PJS Construction Company, Inc., Mayer Pollock Steel Corporation,
and Falcon Associates, Inc. (D.NJ) B-7
U.S. v. CITGO Asphalt Refining Company (D.NJ B-7
U.S. v. General Electric (N.D.NY) B-7
U.S. v. Harry Grant and Sandalwood Construction Corp. (D.NJ) B-8
U.S. v. Mobil (D.NJ) B-8
U.S. v. Owners Realty (S.D.NY) B-8
B-i
May 1997
-------
FY1996 Enforcement and Compliance Assurance Accomplishments Report
CERCLA ... B-8
U.S. v. 175 Ihwood Associates, etal. (E.D.NY) B-8
United States v. Allied Signal, et al. (D.NJ) B-9
U.S.v. Barrier Industries, Inc. (S.D.NY) B-9
U.S. v.NCaribe General Electric Products, Inc., etal. (D.PR) '. B-9
Ciba-Geigy Superfund site • • • •.. B-9
U.S. v. First Marine Shipyard Inc., etal. (E.D.NY) B-10
U.S. v.KevanM Green and Polymer Applications, Inc. (W.D.NY) B-10
U.S.v. International Paper Company, etal. (S.D.NY) B-10
U.S. v. Occidental Chemical Corporation (W.D.NY) B-10
U.S. v.Peirce, etal B-10
Quanta Resources site B-l 1
U.S. v. Rohm & Haas, etal B-ll
Sidney Landfill site ,•-•••. B'1 ]
Clean Water Act • • • B-ll
United States v. Caribe Tuna, Inc. (D.PR) ........B-ll
United States v.Hi-Temp Specialty Metals, Inc (D.NJ) B-ll
Mayaguezanos por la Salud y el Ambiente, Inc. v. Mayaguez Water Treatment Company, Inc.,
et al. (D.PR) , B-ll
Puerto Rico Aqueduct and Sewer Authority B-12
United States v.Puerto Rico Aqueduct and Sewer Authority (PRASAI)(D. PR) B-12
United States V.Puerto Rico Aqueduct and Sewer Authority (PRASAH)(D.PR) B-12
United States v. Virgin Islands Department of Public Works (D. VI) B-12
RCRA B-12
1833 Nostrand Avenue Corporation B-12
Caribbean Petroleum Corporation B-13
HOVIC and Amerada Hess B-13
U.S. v. Oliver R.HU1 and O.R. Hill Fuel Co. (N.D.NY) B-13
Puerto Rico Industrial Development Company B-13
San Juan Cement B-14
U.S. v. Sugar Corporation, et al. (D.PR) B-14
WestPointU.S. Army MiUtary Academy (West Point, New York) B-14
SDWA B-14
Seneca Army Depot (New York) B-14
TSCA B-15
Atlantic Cily Convention Center B-15
Chemical Waste Management • B-15
New Jersey State Department of Corrections B-15
New York City Board of Education , .B-15
New York State Office of Mental Health B-15
Port Authority of New York and New Jersey B-15
Prestolite Electric Incorporated B-16
REGIONm B-17
Clean Air Act B-17
Hercules, Inc. (Virginia) • B-17
U.S. v. Ohio Power Company (West Virginia) B-17
U.S. v. Sahara Holding Company (West Virginia) • • B-17
CERCLA B-17
U.S. v. American Cyanamid, et al B-17
May 1997
B-ii
-------
FY1996 Enforcement and Compliance Assurance Accomplishments Report
U.S. v. American Recovery Company, Carnegie National Gas Company, and US
Corporation (Pennsylvania) B-17
Brown's Battery Breaking Superfund site (Pennsylvania) B-18
Centre County Kepone Superfimd site (Pennsylvania) B-18
Columbia Gas Transmission Corporation B-18
Croydon Superfund site (Pennsylvania) B-18
Dover Gas Light Superfund site B-18
Drake Chemical Superfund site (Pennsylvania) B-18
U.S. v. Fidelcor Business Credit Corporation (Pennsylvania) B-18
HH, INC. Bum Pit Superfund site (Hanover County, Virginia) B-18
Keystone Sanitation Landfill site (Pennsylvania) B-19
MeritProducts Superfund site (Pennsylvania) B-19
Old City of York Landfill (Pennsylvania) B-19
PalmertonZinc Superfund site (Palmerton, Pennsylvania) B-19
Paoli Rail Yard Superfund site (Pennsylvania) B-19
PECO Glenside Mercury Spill site (Pennsylvania) B-19
Pneumo Abex Corp. v, Bessemer and Lake Erie Railroad Company, Inc., et al. (Virginia) B-19
Publicker Industries site (Pennsylvania) B-20
U.S. v. Woodlawn Landfill (Maryland) B-20
Clean Water Act B-20
U.S. v. Blue Plains (Virginia) B-20
Dean Dairy Products, Inc. (Pennsylvania) B-20
DuPont, Inc. (Delaware) B'20
Halle Enterprises, Inc. (Virginia) B-20
Pennzoil Products Company and Eureka Pipe Line Company (West Virginia) B-20
Sun Company (Pennsylvania) B-21
EPCRA B'21
Cage Graphic Arts, Inc. (Pennsylvania) B-21
EMI Company (Pennsylvania) B-21
HPC Associates et al. (Pennsylvania) B-21
Larstan Industries (Maryland) B-21
Service Wire Company (West Virginia B-21
RCRA • B'22
Bil-Dry Corporation (Pennsylvania) B-22
Heritage Metals Finishing, Inc. (Pennsylvania) B-22
Neville Chemical Company (Pennsylvania • B-22
Remac USA, Inc. (District of Columbia) B-22
Washington Navy Yard (Washington, D.C.) B-22
Wheeling Pittsburgh Steel Corporation (West Virginia) B-22
SDWA B'22
Government of the District of Columbia: B-22
TSCA B'23
Bayer Corporation (Formerly Mobay Corporation) (West Virginia) B-23
Southeastern Pennsylvania Transportation Authority, Inc. (SEPTA) (Pennsylvania) B-23
Multimedia B"23
Horsehead Industries (Pennsylvania) B-23
REGIONIV B'24
Clean Air Act B"24
Willamette Industries, Inc • B-24
B***
-111
May 1997
-------
FY1996 Enforcement and Compliance Assurance Accomplishments Report
CERCLA B-24
Arlington Blending and Packaging site and Gallaway Pits site (Shelby County, Tennessee) B-24
Basket Creek site (Douglasville, Georgia) B-24
Carolawn site (Fortlawn, South Carolina) B-24
Distler Farm and Brickyard sites (Louisville, Kentucky) B-24
J& AEnterprises site, (Huntsville, Alabama) B-25
North Hollywood Dump site (Memphis, Tennessee) B-25
Old ATC Refinery (Wilmington, North Carolina) B-25
Olin Corporation (Mclntosh, Alabama) B-25
Piper Aircraft Corporation site (Vero Beach, Florida) B-25
Fred Ramsey Tank site (Valdosta, Georgia) B-26
S&S Flying Service site (Marianne, Florida) B-26
T H Agriculture & Nutrition site (Montgomery, Alabama) B-26
Welco Plating Dump site (Jackson County, Alabama) B-26
Woodbury Chemical Company site (Dade County, Florida) B-26
Clean Water Act B-27
CAPS Development, Inc.(Lamar County, Mississippi) B-27
Cobb County Department of Community Development (Cobb County, Georgia) B-27
Jack Freeman (Lee County, Florida) B-27
Georgia Department of Transportation (GDOT) (Cobb County, Georgia) B-27
Sam Hall, d/b/a Hall's Septic Services B-27
Jefferson County (Birmingham, Alabama) B-27
Jefferson County, Alabama B-28
Mobil Oil Corporation (Polk County, Florida) B-28
U.S. v. Southdown, Inc., d/b/a Florida Mining and Materials Concrete Corporation B-28
Tennessee Department of Transportation (TDOT) (Spring City, Rhea County, Tennessee) B-29
EPCRA B-29
State Industries, Inc (Ashland City, Tennessee) B-29
FIFRA B-29
Aery-Tech Coatings, Inc.; Insects Sales, Inc., and Council-Oxford, Inc B-29
UCB B-29
RCRA B-29
Crown Central Petroleum (Crown, Georgia) B-29
DOE's Oak Ridge Facility (Tennessee) B-29
Everwood Treatment Co., and Gary W. Thigpen B-29
Flanders Filters site (Washington, North Carolina) B-30
Fort Campbell B-30
Memphis Depot Defense Logistics Agency's (Memphis, Tennessee) B-30
Precision Fabricating and Cleaning Company (PFC) B-30
Safety Kleen Corporation (Smithfield, Kentucky) B-30
Stone Container Corporation B-31
Taylor Road Landfill site (Hillsborough County, Florida) B-31
U.S. v. Waste Industries, Inc., et al B-31
Worsley Companies, Inc B-31
SDWA B-32
Iris Court Apartments B-32
TSCA B-32
Gray PCB site (Hopkinsville, Kentucky) B-32
May 1997
B-Iv
-------
FY 1996 Enforcement and Compliance Assurance Accomplishments Report
REGION V [[[ B-33
Clean Air Act [[[ B-33
Abitec Corporation (Columbus, Ohio) ........................... • .......................... B-33
B.F. Goodrich Company (Henry, Illinois) [[[ B-33
Countrymark Cooperative (Mount Vemon, Indiana) ........................................... B-33
Fort Howard Corporation (Green Bay, Wisconsin) ............................................ B-34
Georgia-Pacific Corporation (Gaylord, Michigan) ............................................ B-34
Heekin Canine. (Alsip, Illinois) [[[ B-34
Rockwood Stone, Inc.(Newport, Michigan) ................................................. B-35
USX(Indiana) ................... [[[ B-35
CERCLA [[[ B-35
Conservation Chemical Company of Illinois, Inc. site (Gary, IN) ................................. B-35
Sanitary Landfill Company Superfund site (Moraine, OH) ................ . ..................... B-36
Clean Water Act ............... ......... [[[ B-36
Hammond Industries (Hammond, Indiana) .................................................. B-36
Leggett andPlatt (Grafton, Wisconsin) [[[ B-36
LTV Steel (East Chicago, Indiana) [[[ B-36
U.S. v. Sanitary District of Hammond et al [[[ B-37
Southern Ohio Coal Company [[[ B-37
U.S. Steel [[[ B-37
EPCRA [[[ B-37
USX Corporation [[[ B-37
FIFRA [[[ B'38
Chempace Corporation .................. . ............................................... B-38
Northrup King Co [[[ B'38
RCRA [[[ ........................ B-38
Gary Development Company (Gary, Indiana) ................................................ B-38
Ross Incineration Services, Inc. (Grafton, Ohio) ............................................. B-38
TSCA [[[ B-38
Amoco Corporation (TSCA-V-C-10-93) [[[ B-38
Itochu International Corporation (5-TSCA-96-005) ........................................... B-39
Safety Kleen Corporation (5-TSCA-96-014) ...... .......................................... B-39
REGION VI ............................. . [[[ • B-40
Clean Air Act ............................................ ................................. B-40
-------
FY1996 Enforcement and Compliance Assurance Accomplishments Report
Lincoln Creosoting (Bossier City, Louisiana) B-41
Marco of Iota (Iota, Louisiana) B-41
Odessa Drum (Odessa, Texas) B-41
Pesses (Fort Worth, Texas) B-41
Rab Valley (Panama, Oklahoma) B-41
Sheridan (Hempsted, Texas) B-41
South Eighth Street Landfill (West Memphis, Arkansas) B-42
Tex Tin (Texas City, Texas) B-42
Texas Voluntary Cleanup Program agreement B-42
Clean Water Act B-42
United States v. Roger J. Gautreau (Louisiana, Maryland) B-42
United States v. New Orleans Sewerage & Water Board (New Orleans, Louisiana) B-42
United States v. Yaffe Iron and Metal Co., Inc B-42
FIFRA B-42
United States v. Harry James Saul and Ronnie Snead (Eastern District of Arkansas) B-42
SkardaFlying Service, Inc B-43
RCRA B-43
American Airlines, Inc. (Tulsa, Oklahoma) •„ B-43
BJ Services Company, U.S.A. (Hobbs, New Mexico) B-43
Camp Stanley Storage Activity (Boeme, Texas) B-43
Cooper Cameron (Richmond, Texas) B-43
Fina Oil & Chemical Co. (Deer Park, Texas) B-44
Fina Oil and Chemical Company (La Porte, Texas) B-44
Fort Hood Army Post (Killeen, Texas) B-45
Go/Dan Industries (Laredo, Texas) B-45
HICA Steel Foundry and Upgrade Co. (Shreveport, Louisiana) B-45
Lafitte Industries, Inc. (Lafitte, Louisiana) B-45
Merichem Company (Houston, Texas) B-45
Micro Chemical (Winnsboro, Louisiana) B-45
Mosby Enterprises, Ihc.(Belle Chasse, Louisiana) B-45
National Research Laboratories, Inc. (Albuquerque, New Mexico) B-46
NJBCO, Inc B-46
Solv-X Corporation (Albuquerque, New Mexico) B-46
Spartan Technology, Inc. (Albuquerque, New Mexico) B-46
Why Wastewater(ElPaso, Texas) B-46
SDWA B-47
United States vs. Tenneco Sac and Fox Tribe B-47
TSCA B-47
Abilene Radio and Television Company B-47
ElPasoElectric Company B-47
City ofHearne, Texas B-47
University of Texas at Austin Balcones Research Center B-47
KochRefining CompanyL.P. (Corpus Christi, Texas) B-47
Mobil Chemical Co B-48
Phibro/Basis (Houston, Texas) B-48
Shell Oil Company (Norco, Louisiana) B-48
Vulcan Chemicals Company (Geismar, Louisiana) B-48
May 1997
B-vi
-------
FY1996 Enforcement and Compliance Assurance Accomplishments Report
REGION VH B-49
CleanAir Act B-49
U.S. v. Elliott Drywall & Asbestos, Inc. (Kansas City, Kansas) B-49
U.S. v. Lone Star Industries, Inc. (Cape Girardeau, Missouri) B-49
Stupp Brothers Bridge & Iron Company (St. Louis, Missouri) B-49
Western Resources, Inc. (Topeka, Kansas) B-49
CERCLA . B-49
Carter Carburetor site (St. Louis, Missouri) B-49
U.S. v. Connor Investment (Jasper County, Kansas) B-50
Dutton-Lainson Company (Hastings, Nebraska) ., B-50
U.S. v. Eveready Battery (Red Oak, Iowa) B-50
U.S. v. Gold Fields Mining Corporation (Galena, Kansas) B-50
U.S. v. Missouri Electric Works (Cape Girardeau, Missouri) B-50
National Mine Tailings site, (ParkHills, Missouri) B-51
NorthLandfill Subsite Pilot Allocation B-51
Osage Metals site (Kansas City, Kansas) B-51
Peerless Industrial Paint Coatings (St Louis, Missouri) B-52
Rockwell International Corporation-Ralston site (Cedar Rapids, Iowa) B-52
U.S. v. Russell Bliss, et al., Missouri Dioxin Litigation (St Louis, Missouri) B-52
Citizens Against Dioxin Incineration (C.A.D.I.) and Gateway Green Alliance v. U.S. EPA,
Carol Browner, and I.T. Corporation, U.S. District Court (Eastern District of Missouri) B-52
U.S. v. Sherwood Medical Company (Norfolk, Nebraska) B-52
Thompson Chemical (St Louis, Missouri) B^53
U.S. v. TIC Investment and Stratton Georgoulis (Charles City, Iowa) B-53
U.S. v. Waste Disposal, Inc., et al. (Kansas City, Kansas) B-53
Clean Water Act B-53
U.S. v. ASARCO, Inc. (Omaha, Nebraska) B-53
ASARCO, Inc. (Reynolds County, Missouri) B-54
FIFRA B'54
Battle Creek Farmers Cooperative Non-Stock (Pierce, Nebraska) B-54
Big Sky Flying Service (Waterloo, Iowa) B-54
MFA, Inc. ... B-54
RCRA • • B'54
Ash Grove Cement Co. (Louisville, Nebraska) B-54
Craig Foster Ford (Tripoli, Iowa) B-54
Harmon Electronics, Inc. (Grain Valley, Missouri) •. B-54
MEMC Electronic Materials, lac. (St Charles, Missouri) B-55
U.S v. Mikkel and Janet Mandt d/b/a FiberdYNE/FluidYNE (Cedar Falls and New Hartford, Iowa) .... B-55
Modern Muzzleloading, Inc. (Centerville, Iowa) • B-55
Wayne Manufacturing (Cedar Rapids, Iowa) B-55
TSCA B-55
Everlast Fitness MFG. Corp. (Moberly, Missouri) B-55
Farmland Industries, Inc. (Sergeant Bluff, Iowa) '. B-55
GEC Precision Corporation (Wellington, Kansas) • B-56
Multimedia • B'56
Arlington Plating (St Louis, Missouri) B~56
Cole Enterprises (Jefferson County, Missouri) B-56
U.S. v. Commercial Equipment Company, Inc. and Curtis Hough (Carol, Iowa) B-56
Farmland Industries, Inc. (Coffeyville, Kansas) B-57
B-vii
May 1997
-------
FY1996 Enforcement and Compliance Assurance Accomplishments Report
Genesis Industries (Kansas) B-57
City of Independence, Missouri: B-57
J.Z. Disposal Services (Warren County, Missouri) B-57
Midwest Alloys Foundry B-57
National Manufacturing AKA Valentec-Olivette (Olivette, Missouri): B-58
NewtMarine Services (Dubuque,Iowa) B-58
Terra Industries, Inc. (Sioux City, Iowa) B-58
REGION VIE B-59
Clean Air Act B-59
Colorado Refining Company (Commerce City, Colorado) B-59
U.S. v. Plum Creek Manufacturing (Kalispell, Montana) B-59
Public Service Company (Hayden, Colorado) B-59
Stone Container Corporation (Missoula, Montana) B-60
CERCLA B-60
Bingham Creek ARCO (West Jordan, Utah) B-60
Chemical Handling Corporation (Broomfield, Colorado) B-60
Colorado School of Mines Research Center (Golden, Colorado) B-60
Hansen Container (Grand Junction, Colorado) B-60
Kennecott Utah Copper - North Facility Soils/Wastewater Treatment Plant (Magna, Utah) B-60
McLaren Tailings (Cooke City, Montana) B-61
North Clear Creek Tails Superfund site (Central City, Colorado) B-61
Ogden Union Railway and Depot (Ogden, Utah) B-61
SummitvilleMine (Summitville, Colorado) B-61
Union Pacific Railroad Company (Huron, South Dakota) B-61
Clean Water Act B-61
Altenberg Slough (Flathead County, Montana) B-61
Amoco Oil Company (Casper, Wyoming) B-62
City of Blackhawk (Blackhawk, Colorado) B-62
Clark Equipment Company (Gwinner, North Dakota) B-62
Emulsified Asphalt (Casper, Wyoming) B-62
Pegasus Gold Corporation (Phillips County, Montana) B-63
Persona Incorporated (Watertown, South Dakota) ., B-63
EPCRA B-63
Pillow Kingdom (Denver, Colorado) B-63
RCRA B-63
Amoco Oil Company (Casper, Wyoming) B-63
REGIONK B-65
CleanAir Act B-65
U.S. v. Chevron, Mobil, Ultramar, and UNOCAL (California) B-65
Kelco Division of Merck & Co., Inc. (San Diego, California) B-65
CERCLA B-65
Arizona Copper Mines Initiative B-65
Burbank Operable Unit (OU) (SanFemando Valley, California) B-66
Castnalia Resources Hazardous Waste Management Facility (Santa Barbara, California) B-66
U.S. v. Chapman (Palomino Valley, Nevada) B-66
Glendale North and South Operable Units (OU) (San Fernando Valley, California) B-67
Hendlerv. U.S. (California) B-67
May 1997
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FY1996 Enforcement and Compliance Assurance Accomplishments Report
Lorentz Barrel & Drum and Stringfellow B-67
North Hollywood Operable Unit (OU) (SanFemando Valley, California) B-67
U.S. v. Omega Chemical Corporation (California) B-68
U.S. v. Operating Industries, Inc. (OH) (California) B-68
U.S. v. United Heckathora (Richmond, California) B-68
REGIONX B-69
Clean Air Act B-69
United States v. Kaiser Aluminum and Chemical Corporation (Spokane, WA) B-69
United States v. Tesoro Alaska Petroleum Company (Kenai, AK) B-69
CERCLA B-69
Hanford (Hanford, Washington) B-69
King Salmon Airport (Alaska) B-69
Port Hadlock Detachment (Hadlock, Washington) B-69
Tulalip Landfill (Marysville, Washington) B-69
United States v. Western Processing (Kent, Washington) B-69
Clean Water Act B-69
Cook Inlet Oil and Gas Platforms (Cook Inlet, Alaska) B-69
Esplin Dairy (Nehalem Bay Oregon) B-70
Four Brothers Dairy (Shoshone, Idaho) B-70
Qienger Farms, Inc. (Tillamook Bay, Oregon) B-70
KetchikanPulp Company (Ketchikan, Alaska) B-70
Misty Meadow Dairy (Tillamook, Oregon) B-70
Port Townsend Paper Corporation (Port Townsend,Washington) B-70
Veerman Dairy (St Paul, Oregon) B-70
EPCRA B-70
American Cabinet Concepts, Inc. (Longview, Washington) B-70
Bullseye Glass Company (Portland^ Oregon) B-70
James River Corporation (Camas, Washington) B-70
Tillamook County Creamery (Tillamook, Oregon) B-70
RCRA B-70
Cook Inlet Pipeline (Drift River, Alaska) B-70
Shemya Air Force Base (Shemya, Alaska) B-71
TSCA B-71
Roseburg Forest Products (Riddle, Oregon) B-71
Xanana Power Company (Tanana, Alaska) B-71
U.S. Oil & Refining (Tacoma, Washington) B-71
City of Wrangell (Wrangell, Alaska) B-71
Multimedia B-71
V-l Oil (Reston, Idaho) B-71
OFFICE OF REGULATORY ENFORCEMENT ' B-72
Clean Air Act B-72
U.Sv. Georgia-Pacific B-72
U.S. v. General Motors B-72
Clean Water Act B-72
U.S. v. District of Columbia (Blue Plains Litigation) B-72
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FY1996 Enforcement and Compliance Assurance Accomplishments Report
United States and State of Montana v. Pegasus Gold Corp. And Zortman Mining, Inc.
and Gros Ventre Tribe, Assiniboine Tribe, Ft. Belknap Community Council,
and Island Mountain Protectors Association v. Zortman Mining, Inc. Consolidated Settlement B-73
RCRA B-73
Harmon Electronics/Beaumont B-73
United States and the State of Louisiana v. Marine Shale Processors, Inc. et al B-73
FIFRA • • B-74
Pfizer/AgrEvo B-74
RohmandHaas Company B-74
TSCA B-74
Elf Atochem North America, Inc B-74
CRIMINAL B-75
United States v. John P. Sochocky dba A'Quality Environmental Services (Eastern Distric
of Pennsylvania) B-75
United States v. Arizona Chemical Co., Inc. (Southern District of Mississippi) B-75
United States v. Mark O. Henry, et al.(District of New Hampshire) B-75
United States v.Richard Hub, etal. (District of Kansas) B-75
United States v. Bruce R. Burrell (Southern District of Florida) .: B-76
United States v.Robert Cyphers (District of Oregon) B-76
United States v. Bunker Group, et al. (District of Puerto Rico) B-76
United States v. James J. Wilson (District of Maryland) B-76
United States v. Iroquois Pipeline Operating Co., Inc., et al.(Northem District of New York) B-77
United States v. Kelley Technical Coatings, Inc., et al. (Western District of Kentucky) B-77
United States v. Leo G.Kelly (Western District of Wisconsin) B-77
United States v. Marman U.S.A, Inc., and Robert Renes (Middle District of Florida) B-78
United States v. Midwest Alloys Foundry, et al. (Eastern District of Missouri) B-78
United States v. John Morrell and Co. (District of South Dakota) B-78
United States v. Larry Vaughan (Southern District of California) B-79
United States v. William Nowak (District of Washington) B-79
United States v. Ray F.McCune and Bruce L.Jones (District of Utah) B-79
United States v. Ray Phipps, etal. (Western District of Texas) B-79
United States v. Thomas R. Rudd (Northern District of Texas) B-80
United States v. Summitville Consolidated Mining Co., Inc. (District of Colorado) B-80
United States v. Don Budd, etal. (Eastern District of Texas) B-80
United States v. Pacific and Arctic Pipelines, Inc., et al. (District of Alaska) B-81
United States v. Wilbur-Ellis, etal. (District of Idaho) B-81
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REGION I
CLEAN Am ACT
U.S. v. Avon Tape, Inc. (D. Mass.): On March 7,
1996, the District Court entered a consent decree in
EPA's action against Avon Tape, Inc. for Clean Air Act
permitting violations and excess emissions of volatile
organic compounds (VOCs). Avon Tape is a small,
closely held business headquartered in Brockton, MA
that manufactures pressure sensitive tape for the shoe
industry. From 1982 through 1993, Avon Tape's paper
and fabric coating facility in Avon, MA used coatings
that violated MA SIP limits for VOCs, with excess
emissions of approximately 30 tons per year. These
emissions contributed to ozone levels above the
national ambient air quality standard Avon Tape also
installed new coating lines in 1982 and 1986 without
applying for construction permits or meeting emission
requirements for new construction in ozone
nonattainment areas. The settlement requires Avon
Tape to operate in compliance with applicable VOC
limits, to keep VOC emissions below 42 tons per year,
and to pay $180,000 in penalties.
U.S. v. General Electric Company (D. Mass.):
General Electric (GE) operates a facility in Lynn, MA
at which the company tests and manufactures aircraft.
The enforcement issues arose from GE's failure to
obtain prevention of significant deterioration (PSD)
permits for one boiler and for four test cells used for the
testing of jet engines. The boiler and the test cells emit
NOx in quantities that trigger the PSD new source
review requirements of the Clean Air Act GE
installed/constructed two new test cells in the early
1980s and modified two test cells in the late 1980s,
without obtaining required permits. GE
installed/constructed the boiler without obtaining an
adequate permit The boiler also emitted NOx in
excess of the levels permissible in EPA's New Source
Performance Standards (NSPS).
In May, 1996, the District Court entered a consent
decree in which GE agreed to pay $225,000 in civil
penalties and expend at least $1.2 million to perform an
SEP involving the replacement of oil-based coolant
with a water-based coolant to be used in its milling and
lathing machine processes. The company also agreed
to certain emissions restrictions for its test cells and
boilers for the pollutants NOx and SO2. The company
will eventually receive a permit from the MA DEP
consistent with these emissions restrictions.
Goodyear Tire and Rubber Company: A September
23,1996 consent agreement and order resolved an
action against Goodyear Tire and Rubber Company for
CFC violations under the Clean Air Act Goodyear will
pay a penalty of $23,560 and implement a nation-wide
SEP costing $709,000. At three New England
automobile repair facilities, Goodyear had serviced
automobile air conditioners using technicians lacking
training and certification in CFC recovery and
recycling, and without having certified to EPA that the
facilities were in compliance. The three Goodyear
stores cited are in Woonsocket, RI, Westfield, MA, and
South Portland, ME. As a condition of settlement,
Goodyear will establish company-wide management
practices to promote and monitor compliance with CFC
requirements and will purchase automotive antifreeze
recycling machines for use at 575 Goodyear stores
nation-wide, including 39 in New England.
Picatinny Arsenal (New Jersey): Region n issued a
compliance order May 15,1996 to the U.S. Army
Armament Research, Development, and Engineering
Center at Picatinny Arsenal, New Jersey for
noncompliance with requirements under the Clean Air
Act regarding prevention of significant deterioration in
air quality (PSD). The Arsenal is subject to the PSD
requirements because operation of two boilers on the
facility have caused significant net emissions increases
of Nox. Stack tests in November 1994 and January
1995 were made on two boilers that had been
converted from coal to natural gas as a primary fuel and
#6 fuel oil as a secondary fuel. Test results showed that
net emissions of NOx from the Arsenal using fuel oil
vs. natural gas would increase "significantly" using
natural gas — by more than 40 tons per year —above the
level of emissions from fuel oil as it existed before the
modification of the two boilers. The order directs the
Army to display the PSD non-applicability of the #6
fuel oil to natural gas conversion within 60 calendar
days or comply with the requirement of the PSD
regulations. Picatinny Arsenal is in northern New
Jersey. The installation employs approximately 5,500
people in research and development of munitions and
weapons. The Arsenal is on the National Priorities List
and has approximately 150 areas of concern.
U.S. v. Stanley-Bostitch, Inc. (D., R.I.): On January
16,1996, the District Court of Rhode Island entered a
consent decree in which Stanley-Bostitch, a Delaware
corporation, agreed to pay $225,000 in civil penalties
as part of a final settlement of this Clean Air Act case.
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Arising out of an EPA inspection of Stanley's
manufacturing facility in East Greenwich, RI, the
complaint alleged violations of the SB? based on
Stanley's use of a paint, in 1991 and 1992, containing
VOCs in excess of allowable limits and on its failure,
from 1991 to March 25,1994, to obtain a minor source
permit before installing and operating a boiler at that
facility. The complaint also alleged that, in 1992 and
1993, Stanley violated the NSPS by failing to comply
with regulations pertaining to the same boiler which
require, among other things, compliance with a
standard for sulfur dioxide, completion of certain
performance tests, emissions monitoring, reporting and
recordkeeping. Each of the violations was corrected by
Stanley by the time the complaint and consent decree
were filed.
CERCLA
OS. v. C&M Corp. etaL(D. Conn.): On July 6,
1996, the District Court issued a decision upholding a
consent agreement entered into between the U.S. and
certain generators at the Yaworski Lagoon Superfund
site. The consent agreement provides for a de minimis
settlement The settlement arose from a 1990 consent
decree providing for payment of response costs and
remediation of the Yaworski site. Under that consent
decree, all obligations fall in the first instance on the
principal generator, Pervel Industries. It also provides
that if Pervel proves unable at some future time to
continue the work, the remaining settling defendants
would become responsible for completing it In the fall
of 1993, Pervel informed EPA that it was financially
incapable of continuing the work. To resolve the
liability of the other settling generators, who sent a
combined total of 1.5% of the waste to the site, EPA
entered a consent agreement with them by which they
were given a de minimis settlement for payment of
approximately $310,000.
The owners/operators opposed entry of the consent
agreement In its July, 9,1996 ruling, the court held
that entry was proper on the ground that the settlement
•was fair and reasonable and was within the U.S.'s
discretion. The court also stated that the U.S. has the
discretion to enter into CERCLA settlement discussions
with any parties it chooses at any time as long it does so
in good faith. The owners/operators have appealed
entry of the consent agreement to the Second Circuit
U.S. v. Charter International Oil Co. (1st Or.): On
May 9,1996, the U.S. Court of Appeals for the First
Circuit affirmed a trial court decision concerning the
scope of contribution protection afforded by a
CERCLA consent decree. The case concerned the
Sullivan's Ledge site in New Bedford, MA. The United
States alleged that Charter's predecessor-in-interest, a
New Bedford fuel oil supplier which also cleaned fuel
oil soot from boilers, disposed of this material at the
Sullivan's Ledge site. In its consent decree with the
United States, Charter agreed to pay $215,000 plus
interest. In return, the government broadly covenanted
not to sue Charter "pursuant to sections 106 and 107 of
CERCLA... for reimbursement of response costs or for
implementation of ROD I or ROD H." As to
contribution protection, the decree did not define what
matters were addressed; rather, it stated that Charter
was "entitled to such contribution protection... as is
provided by CERCLA § 113(f)(2)."
In its motion to enter the decree, the U.S. argued that
Charter was only entitled to contribution protection for
costs associated with the government's remainder case
(i.e., costs that had not been recovered in prior
settlements concerning the site). Charter disagreed,
arguing that the decree provided it with complete
protection against contribution suits by prior settlers.
The trial court granted the government's motion to
enter the decree and rejected Charter's position.
The First Circuit affirmed the trial court's decision and
rejected Charter's argument that the scope of
contribution protection afforded by a decree is as broad
as the decree's covenant not to sue. Instead, the First
Circuit expressly supported the government's view that
the scope of a covenant not to sue is not necessarily the
same as the matters addressed by a settlement, for
which settlers receive contribution protection from
other liable parties.
U.S. v. Comett-Dubilier Electronics, Inc. etal(D.
Mass.); U.S. v. Coaters, Inc. etal(D. Conn.): On
August 21,1996, a consent decree was lodged with the
District Court which resolves the liability of two
potentially responsible parties, Coaters, Inc. and Fibre
Leather Manufacturing Co., for contamination at the
Sullivan's Ledge Superfund site in New Bedford, MA,
and the Solvents Recovery Systems of New England
(SRS) Superfund site in Southington, CT. Both
defendants generated wastes that were transported to
these sites for disposal and, as a result, are liable to
EPA under Section 107(a)(3) of CERCLA.
Coaters, Inc., a manufacturer of artificial leather and
coated fabrics, is located in New Bedford, MA. Under
the terms of the Sullivan's Ledge Superfund site
settlement, Coaters will make payments totaling
$418,000 to the U.S. in six annual installments. In
addition, Coaters will pay the site's prior settlers (which
are suing Coaters and Fibre Leather in a separate
contribution action) $387,000 in four annual
installments.
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Fibre Leather, a manufacturer of artificial leather and
latex saturated papers, is also located in New Bedford.
Under the terms of the Sullivan's Ledge Superfund site
settlement, Fibre Leather will pay the U.S. and prior
settlers $380,000, which will be split evenly between
the plaintiffs.
Under the terms of the settlement concerning the SRS
Superfund site, Coaters and Fibre Leather will pay the
U.S. $115,000 and $30,000, respectively, to resolve
their site-related liabilities.
U.S. v. Federal Pacific Electric Co., Inc. etaL(D.
Mass.): On September 27,1996, two consent decrees
were lodged in the U.S. District Court for the Norwood
PCB Superfund site. In the first decree, Comell-
Dubilier Electronics, Inc. (CDE) and Federal Pacific
Electric Company, Inc. (FPE) (prior
owners/operators/generators) agreed to perform the
bulk of the remaining remedial work at the site, valued
at $9,900,000. In the second decree, Cooper
Industries, Inc. (prior operator/generator) will pay
approximately $5,500,000 toward past and future
oversight costs at the site. Each PRP is also paying a
$60,000 penalty for violation of a CERCLA § 106
administrative order issued on August 8,1990. Both
decrees also contain a provision designed to encourage
future redevelopment of the site through waiver of
claims against prospective purchasers. The court
entered a consent decree between the U.S. and the
remaining settling defendant, Friedland Brothers
Enterprises, on August 14,1995.
The significant provisions in the settlement concerning
waiver of claims against future landowners/developers
confirm EPA's new efforts to return Superfund sites to
beneficial reuse. Additionally, the Region saved
significant costs at the site by scaling back the cleanup
without endangering human health. Consistent with the
Agency's efforts to assess risks and clean sites mindful
of possible future uses, the original remedy of cleaning
up this industrial site to residential use at a cost of
approximately $55 million through the use of solvent
extraction was amended to an excavation and capping
remedy for a cost savings of approximately $20
million.
Raymark Industries, Inc.: On July 29,1996, Region I
signed a landmark prospective purchaser agreement
with Leach Family Holdings, Inc. The agreement
clears a major hurdle allowing Leach to move forward
with its plans to redevelop the Raymark site in
Stratford, CT, including the estimated creation of 1,000
new jobs and the addition of $1,000,000 in local tax
revenue. Under the agreement, Leach agrees to
reimburse EPA for the costs the Agency will incur in
constructing a protective cap over the Raymark site in a
manner which will accommodate Leach's planned
shopping mall development on the property. In
addition, Leach agrees to pay EPA and the State of
Connecticut a minimum of $500,000 in consideration
and to adhere to all institutional controls at the site,
including the requirement to avoid actions which could
damage the protective cap and to provide EPA and the
state with access to the site. The agreement also
includes a windfall profits provision under which, if
Leach or someone to whom Leach sells the property
realizes a substantial profit from sale of the property
during the three years following purchase of the
property, a portion of those profits would be shared
with the government In exchange, the agreement
grants to Leach and its successors a covenant not to sue
and contribution protection for the existing
contamination at the site.
U.S. v. Rhode Island Solid Waste Management
Corporation (D. RI.): In July, 1996, a consent decree
was lodged with the District Court which provides for
performance of the remedy set forth in the Record of
Decision for Operable Unit 1 at the Central Landfill
Superfund site in Johnston, RI. (The court
subsequently entered this consent decree on October 2,
1996.) Under the consent decree, the RI Solid Waste
Management Corporation, a quasi-state agency which
owns and operates the landfill, will perform the remedy
fully, at an estimated cost of $32-37 million. The
settling defendant will also pay $250,000 in past costs.
Liability for future oversight costs will be capped at
$200,000 per year for remedial design and remedial
action and at $25,000 per year for operation and
maintenance activities, in 1995 dollars adjusted upward
annually. The Operable Unit 1 remedy consists of
capping the landfill and preventing the highly
contaminated groundwater in a "hot spot" area from
migrating off-site by using a groundwater pump-and-
treat-system.
U.S. v. City ofSomersworth etaL(D. N.H.): On
March 19,1996, the District Court entered a consent
decree for the remedial design and remedial action at
the Somersworth Sanitary Landfill Superfund site in
Somersworth, NH. In a settlement which is the first of
its kind in the nation, the agreement calls for the use of
an innovative landfill cleanup technology, and commits
EPA to share the risks of using that technology. Under
the agreement, EPA will pay half of the costs of the
new technolpgy, not to exceed $3.5 million, if the
technology does not fulfill expectations. The
agreement also requires the settling parties to
implement a contingent, more traditional landfill
technology if necessary, and to pay certain past and
future oversight costs related to the site. The
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innovative technology has been estimated to cost
approximately $7 million. The contingent remedy has
been estimated to cost approximately $26 million.
A total of 20 parties signed the consent decree,
including General Electric and the City of
Somersworth. The settlement also caps a several year
effort to reduce the transaction costs for small waste
contributors at a landfill site, in part by including a
unique negotiated two-tier de minimis settlement with
15 small contributors. This de minimis settlement
provided the small parties with settlement options
which were agreed by all the parties to be both modest
and fair.
U.S. and the State of Vermont v. Browning-Ferris of
Vermont, Inc. A Disposal Specialists, Inc. (D. Vt):
On September 16,1996, a consent decree was lodged
with the District Court which provided for 98%
recovery of all EPA costs, as well as for the conduct of
long-term operation, maintenance, and monitoring of a
landfill cap, and other systems constructed under an
administrative order on consent entered between EPA
and the owner/operator, BFI-Vermont, Inc. and its
related company, Disposal Specialists, Inc. The
consent decree provides for significant recovery of
EPA oversight costs for the site, BFTs landfill in
Rockingham, VT. The consent decree also provides
the State of Vermont with a Grant of Environmental
Restrictions and Right of Access which ensures that
necessary institutional controls will be adhered to and
encourages the beneficial reuse of the property once
cleanup levels are attained. The parties included
language in the consent decree which allows EPA to
require the PRPs to perform any additional response
actions necessary to protect human health, welfare, or
the environment
Michael and David Vining: A Prospective Purchaser
agreement became effective on May 29,1996
concerning one parcel of land at the Industry-Plex
SuperfundsiteinWoburn,MA. The agreement
provides the Vinings with protection from CERCLA
liability in exchange for obtaining $30,000 and
commitments to provide any necessary access to the
parcel and to abide by all institutional controls
developed as part of the remedy for the site. The
Vinings intend to use the property for a materials
recovery facility and paper recycling center.
CLEAN WATER ACT
U.S. v. CPF, Inc. (D. Mass.): On August 2,1996, the
U.S. District Court entered a consent decree settling the
Clean Water Act action against CPF, Inc. of Ayer, MA.
EPA's action arose out of CPF's discharges of
wastewater to the Town of Ayer's municipal sewer
system in violation of federally enforceable
pretreatment reporting requirements and local limits on
discharges of biochemical oxygen demand and total
suspended solids. The Ayer wastewater treatment plant
discharges to the Nashua River. CPF is a beverage
bottler employing approximately 105 employees with
sales of approximately $53,000,000, and is essentially
a joint venture owned 20% each by five different Pepsi
distributors. Ayer issued the company several
municipal orders requiring actions to end the
violations, but the company failed to fix the problems.
EPA learned of the situation through inspections of the
municipal pretreatment program.
In the settlement, CPF agreed to pay a penalty of
$160,786 and to spend an additional $99,625 to fund a
package of SEP projects to enhance protection of the
Nashua River watershed. The SEPs include: (l)an
$80,000 conservation land acquisition of 15 acres
along the Nashua River for water quality and habitat
protection and public recreational use; (2) a $7,000
project to stop sediment erosion plaguing a portion of
the Squannacook River, a tributary to the Nashua and a
prime trout fishery; and (3) a $12,625 bi-lingual
(English/Spanish) storm-sewer stenciling project in
Ayer and Fitchburg to help prevent the dumping of
wastes down public storm drains to the Nashua River.
Though not a SEP, CPF also agreed to spend an
additional $50,000 to fund a volunteer water quality
monitoring program throughout the Nashua River
watershed under contract with a regional environmental
group. By the time the case was settled, CPF attained
compliance with applicable pretreatment limits.
U.S. v. Cumberland Farms Inc. etaL (D. Mass.): On
September 18,1996, the District Court entered a
consent decree between the U.S. and Cumberland
Farms, Inc.-, which resolves a long-standing wetlands
enforcement action against Cumberland for its
unpermitted filling of 180 acres of wetlands in Halifax
and Hanson, MA between 1977 and 1990. Under the
consent decree, Cumberland is required to deed two
undeveloped tracts of land, totaling 225 acres, to the
MA Division of Fisheries and Wildlife for permanent
conservation. In addition, the company will establish a
30-acre wildlife and wetlands corridor on the most
seriously damaged site and pay a $50,000 civil penalty.
This settlement, together with an earlier agreement
with the subsequent purchasers of the property on
which the violations occurred, Baybank and Northland
Cranberries, Inc., will preserve a total of 490 acres of
undeveloped habitat in the same watershed as the
violations. This represents the largest permanent
preservation of habitat arising from a federal
enforcement action in New England.
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The 30-acre wildlife and wetland corridor to be created
by Cumberland will include 16 acres of new wetlands
and will provide critical access for wildlife between
Burrage Pond and the Great Cedar Swamp. Large
portions of the Great Cedar Swamp are being deeded to
the MA Audubon Society as a result of the earlier
Northland/Baybank agreement
U.S. v. Dexter Corporation (D. Conn.): On August
26,1996, a joint motion to terminate the Clean Water
Act provisions of the U.S. v. Dexter Corp. consent
decree was granted by the federal court. The motion
was made after the company paid a $9 million civil
penalty and completed all the water pollution remedial
work which was required by the decree. The decree
resolved the governments' action against Dexter for
violations of the Clean Water Act and RCRA at its pulp
and paper mill in Windsor Locks, CT. The company is
still undertaking remedial work relating to hazardous
waste contamination at the facility.
Over six million gallons per day of wastewater from the
facility's pulp and paper operations is discharged into
the Connecticut River. EPA, together with the State,
had initiated civil, criminal, and administrative
suspension and debarment actions against Dexter for,
among other things, chronically discharging pollutants
in excess of that allowed under its water discharge
permit, and having numerous illegal spills and
unauthorized discharges from various outfalls at the
facility on a continuing basis.
As part of the civil settlement, the company agreed to
pay $9 million in penalties and take extensive remedial
action - in particular, installation of treatment facilities
to significantly decrease the oxygen depleting pollutant
loadings to the river.
Town of Essex, Massachusetts: Successful
negotiations among EPA, the Commonwealth of
Massachusetts, and the Town of Essex, MA on an
innovative solution to the town's septic system
problems concluded with the signing of a state court
judgment in the spring of 1996. Under the judgment,
the town agreed to address the long-standing bacterial
contamination of the Essex Bay estuary and local clam
flats caused by failing septic systems and illegal
connections to the town storm drains. Specifically,
Essex will be instituting a comprehensive program to
inspect and correct septic system and illegal connection
problems and institute a town-wide oversight and
management program. EPA had referred this matter to
DOJ with the intent of filing a federal action seeking
injunctive relief under Section 504 of the Clean Water
Act if settlement could not be expeditiously reached at
the state level. Working closely together, EPA and MA
were able to negotiate an agreement that satisfied all
the parties.
This case is an example of state-federal cooperation
that resulted in a solution to a serious problem that has
been largely neglected in the past - septic system
pollution of estuaries and shellfish beds in unsewered
communities. In Essex, the shellfish bed closures and .
restrictions directly affect the local economy, such as
the clam diggers and seafood restaurants in the area.
Ideal Forging Corporation: In FY 96, Region I
settled its largest Clean Water Act Section 311
administrative enforcement action to date against Ideal
Forging Corp. of Southington, CT for violations of the
Oil Pollution Prevention Regulations. Ideal is a metal
forging facility located near the Quinnipiac River that
manufactures plumbing fixtures and valves. As a result
of a spill investigation, EPA found that Ideal did not
have a Spill Prevention, Control, and Countermeasure
(SPCC) Plan for its facility. EPA also cited the
company for an illegal spill of oil into the river.
Under the terms of the settlement, the company paid a
$30,000 penalty and performed a $26,000 SEP. This
project consisted of having the company hire
consultants to conduct both an environmental
compliance audit and a site assessment at its facility.
The audits submitted by the company were
comprehensive and will provide important information
on the environmental compliance status of the facility.
EPA, in cooperation with the CT DEP, is ensuring that
the company implements the recommendations of the
audits.
EPCRA
FL Industries, Inc.: On October 27,1995, Region I
issued a consent agreement which required FL
Industries to pay a penalty of $97,930 in settlement of
EPCRA violations. EPA initiated this action based on
PL's failure to submit material safety data sheets
(MSDSs) and Tier I and Tier n reports for certain
EPCRA listed chemicals used at its Clinton, MA
facility in 1987 to the local emergency planning
committee, the Massachusetts Emergency Response
Commission, and the local fire department The
complaint also cited FL for its failure to submit Form
Rs for certain chemicals.
RCRA
Boston Veterans Affairs Medical Center (Boston,
Massachusetts): On August 2,1996, Region I issued
a complaint and compliance order under Section 3008
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(a) of the Resource Conservation and Recovery Act to
the South Huntingtoa Avenue Veterans Affairs Medical
Center in Boston, Massachusetts. The complaint
alleges eight violations and assesses a penalty of
$76,550. Violations include the failure to safely store
incompatible hazardous wastes and/or materials
incompatible with hazardous wastes; storage in
containers that were not compatible; the failure to
appropriately label containers; and the failure to
provide proper certification for land disposal
restrictions. During a multimedia inspection,
inspectors found that jars of caustics were stored with
jars of acids and also that jars of explosives were stored
with caustics in cardboard boxes. Such storage could
trigger an explosion, putting VA employees and
veterans at risk. They found 240 glass and plastic jars
of waste chemicals stored in cardboard boxes labeled
as hazardous waste containers.
U.S. Department of Veterans Affairs Medical Center
(Boston): A consent agreement and Final order was
siped on September 29,1996 concerning the alleged
failure of U.S. Department of Veterans Affairs Medical
Center, Boston (VA) to comply with RCRA
regulations. The several violations at issue concerned
the management of hazardous waste, including the: 1)
failure to safely store incompatible hazardous wastes
and/or materials incompatible with hazardous wastes;
2) failure to appropriately label containers of hazardous
waste; 3) failure to provide a proper lab pack
certification on a land disposal restriction notification;
and 4) failure to provide a proper land disposal
certification notice. These violations were identified
during a routine site inspection. Facts provided by the
VA led Region I to reduce the proposed penalty
amount to $74,300. In the settlement the VA agreed to
conduct a SEP involving hazardous waste management
training for appropriate personnel at all New England
U.S. Department of Veteran Affairs Medical Centers.
U.S. Naval Undersea Warfare Center: A consent
agreement and Final order (CAFO) was signed on
September 16,1996 concerning the U.S. Navy
Undersea Warfare Center's alleged failure to comply
with RCRA regulations at two facilities in New London
and one facility in East Lyme, CT (Command Center at
Newport, RI). The violations at issue concerned the
management of hazardous waste, including the: 1)
failure to properly label containers of hazardous
wastes; 2) failure to conduct appropriate hazardous
waste determinations; 3) failure to prepare an adequate
hazardous waste contingency plan; and 4) failure to
provide hazardous waste training to applicable
personnel. These violations were identified during a
routine site inspection by Region I. The penalty
proposed in the complaint was $80,625. The penalty
agreed to in the CAFO remained at $80,625.
TSCA
TeknorApex Company: A September 30,1996
consent agreement and order resolved TSCA violations
by Teknor Apex of Pawtucket, RI. Teknor Apex had
failed to report the identities and volumes of several
chemicals manufactured in 1989, as required by EPA's
Inventory Update Rule. Teknor Apex manufactures
organic plasticizers, vinyl resins, garden hose, plastic
sheeting, and color pigments. The violations, which
occurred at facilities in Attleboro, MA and in
Brownsville, TN, hampered EPA's efforts to assess the
health and environmental risks of chemical
manufacture and distribution. The settlement provides
for a penalty of $52,950 and implementation of SEPs
costing $ 300,000. Four SEPs at the Attleboro facility
will reduce toxic emissions, reduce and improve the
quality of waste water discharges, and reduce the
volume of industrial wastewater processed at Teknor's
on-site wastewater treatment plant.
MULTIMEDIA
James River Paper Company (D. N.H.): In August
1996, the U.S. District Court in Concord, NH entered a
consent decree settling a May 1995 case against James
River Corporation and its successor, Crown Vantage,
for violations at the James River pulp and paper mills
in Berlin and Gorham, NH. The consent decree
includes a $200,000 penalty, requires Crown to control
foam in its discharges, and requires an assessment of
all potential sources of illegal discharges to the
Androscoggin River and evaluation of the adequacy of
practices, procedures, and facilities in place to prevent
unpermitted discharges. The consent decree also
includes an SEP to reduce the release of sulfuric
compounds into the air. The SEP is now operational
and is removing more than 6 tons of sulfuric compound
air emissions on a daily basis. The case arose primarily
out of a sulfuric acid spill that reached the Berlin, NH
wastewater treatment plant in 1993. The company had
failed to follow proper procedures for reporting the
spill.
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REGION n
CLEAN AIR ACT
US. v. Automatic Rolls (D. NJ): Several years ago
Region n carried out an initiative to assess the status of
compliance of large commercial bakeries in New
Jersey with applicable air emissions regulations.
Under this initiative, Region n allowed the bakery
owner to test the facility, or to waive the costly test and
agree to a compliance agreement A consent decree
resolving a VOC emission case against Automatic
Rolls was lodged in the District of New Jersey on
March 14,1996. Under the decree the defendant,
Northeast Foods (the parent of Automatic Rolls), is
required to install over $250,000 worth of emission
collection and incineration equipment in order to come
into compliance with the emission limits. The
emissions in question are volatile organic compounds
(VOC), a precursor to ozone (smog) formation.
During the baking process, ethanol, a VOC, is emitted
by the leavening action. Northeast will also pay a civil
penalty of $81,831 for its past violations. This case is
one of six similar cases which were part of the Region
n initiative.
Baxter Healthcare, Corp.: Region n inspectors
discovered, and confirmed by obtaining subsequent
documentation, that Baxter Healthcare Corp. had
installed and operated an NSPS-regulated steam
generating unit without complying with NSPS
producers and in violation of S02 emission standards,
On September 27,1996 Region n issued an
administrative consent order to Baxter, located in
Carolina, Puerto Rico, resolving these violations.
Baxter agreed to pay a civil penalty of $85,000, comply
with the applicable NSPS regulations at all affected
units and perform a Supplemental Environmental
Project Under the SEP, which has a value of at least
$51,600, Baxter agreed to use low sulfur fuel in its
non-regulated boilers, thereby reducing total sulfur
emissions at its facility. Baxter has agreed to use the
low sulfur fuel in these additional units for a period of
at least 12 months, after which it will phase out the use
of these boilers.
U.S. v. Chevron (D. NJ): On February 26,1996, the
United States filed a complaint against Chevron USA,
Lac. in the District of New Jersey, alleging violations of
the Clean Air Act (CAA) arising out of Chevron's 1983
replacement of an air pollution control device with a
less efficient device at its refinery in Perth Amboy,
New Jersey. Also filed was a Stipulation settling the
case for a total penalty of $698,349. The complaint
against Chevron alleged multiple violations of the
NSPS Subpart J Standards of Performance for
Petroleum Refineries. During the period that the
settlement was negotiated, Chevron demonstrated that
it was able to meet the Subpart J sulfur oxide emission
standards with pollution abatement equipment installed
in 1993, and has now come into full compliance with
the CAA.
U.S. v. Chevron, USA, Inc., PJS Construction
Company, Inc., Mayer Pollock Steel Corporation,
and Falcon Associates, Inc. (D.NJ): On December
8,1995, the United States District Court for the
District of New Jersey entered a consent decree that
settles an enforcement action initiated by the United
States under the Clean Air Act against Chevron and
three of its contractors for violations of the Asbestos
demolition NESHAP. Region n inspectors, as well as
citizen observers, found that asbestos removal which
occurred in 1989 and 1990 at the Chevron Refinery
facility in Perth Amboy, NJ violated the asbestos
NESHAP rules. The asbestos removal occurred as part
of the renovation of Chevron's boiler house and the
demolition of a catalytic cracking unit at the facility.
The consent decree provides for the payment by the
defendants of penalties of $155,000 for the violations.
The decree also requires Chevron and the other
defendants to comply at all times in the future with the
requirements of the Asbestos NESHAP.
U.S. v. CITGO Asphalt Refining Company (D.NJ):
EPA Region n and CITGO Asphalt Refining Company
(CARCo) reached a settlement which requires CARCo
to pay a penalty of $1,230,000, and to implement a
compliance schedule. The injunctive centerpiece of
this settlement requires CARCo's Paulsboro refinery to
comply with the sulfur oxide emission standard set
forth at 40 C.F.R. §§ 60.100 to 60.109 (Subpart J).
The underlying enforcement action also addressed
CARCo's violation of the Subpart J monitoring and
testing requirements, portions of the New Jersey SIP,
and NESHAP reporting violations.
OS. v. GeneralElectric (N.D.Ny): On August 27,
1996, the court entered a Stipulation and order of
Dismissal under which the United States settled a civil
action against the General Electric Company for
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violations of the New Source Performance Standards
(NSPS) promulgated under the Clean Air Act The
Stipulation requires GE to pay penalties in the amount
of $60,684 for violations of EPA's NSPS for Volatile
Organic Liquid Storage Vessels. GE violated these
regulations by failing to equip two methanol storage
tanks which are located at its facility in Waterford, New
York with internal floating roofs to control the emission
of volatile organic compounds.
U.S. v. Harry Grant and Sandahvood Construction
Corp. (DJ
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United States v. Allied Signal, etaL (D.NJ): A
consent decree resolving litigation related to the
Bridgeport Rental and Oil Services (BROS) Superfund
site, Logan Township, New Jersey was lodged with the
District Court in Camden, New Jersey, on Monday,
September 30,1996. More than 90 companies and
federal and state agencies agree under the consent
decree to contribute at least $221.5 million in
reimbursement of past costs and towards future
groundwater and wetlands work at the site.
The parties include EPA, the State of New Jersey,
some 79 private PRPs, and a number of other Federal
and State agencies (named as generator defendants in
contribution claims). The extremely complex
settlement, valued at $221.5 million -- one of the
largest Superfund settlements ever — provides for cost
recovery and performance of future response work.
The federal PRPs will be paying the majority of the
costs of the settlement
U.S. v. Allied Signal etaL (S.D.NV): On May 1,19%
a CERCLA consent decree was entered on behalf of
Region n, relating to the Cortese Landfill Superfund
site located in Narrowsburg, New York. Thirty parties
executed the decree, which requires the parties to
implement the remedy selected in the September 30,
1994 Record of Decision for the site, as well as
reimburse the United States for future response costs
that will be incurred in overseeing the implementation
of the remedy. The selected remedy to be implemented
by the parties has an estimated value of approximately
$ 10 million. The site remedy includes a low
permeability cover system, the removal and off-site
treatment and/or disposal of drum disposal areas, the
extraction and treatment of contaminated ground water,
establishment of institutional controls, and future
monitoring to evaluate the remedy's effectiveness.
U.S. v. Barrier Industries, Inc. (S.D.NY): On
October 24,1995, the Department of Justice filed a
complaint in the Southern District of New York on
behalf of EPA Region n. The action seeks the recovery
from Barrier Industries, Inc. and Kurt Wasserman, its
CEO, of the response costs incurred by EPA with
respect to the Barrier Industries, Inc. Superfund site,
located in Port Jervis, New York. The complaint also
seeks civil penalties for Kurt Wasserman's failure to
respond to CERCLA §104(e) information requests, a
temporary restraining order which bars Kurt
Wasserman from transferring assets, and an order
nullifying a fraudulent conveyance from Kurt
Wasserman to his wife, Mildred Wasserman.
Barrier manufactured janitorial chemicals at the site
from 1978 until December 1993, when an estimated
15,000 drums, pails, lab chemical containers, and
approximately 200 storage tanks and reactor vessels of
hazardous wastes, chemical products, and product
precursors were abandoned in the facility and in trailers
at the site. In 1994-95, EPA conducted a cleanup to
remove these wastes. The removal action, and EPA's
associated investigative and enforcement activities to
date have cost in excess of $3.1 million.
U.S. v. Caribe General Electric Products, Inc., etaL
(D.PR): On March 26, 1996 a complaint was filed in
federal court on behalf of EPA Region II with respect
to the G.E. Wiring Superfund site in Juana Diaz, Puerto
Rico. The action seeks recovery from Caribe General
Electric Products, Inc. ("Caribe G.E.") and its parent
company, the General Electric Company ("G.E."), of
the response costs incurred by EPA with respect to the
site. EPA also seeks a declaratory judgment as to G.E.
and Caribe G.E.'s liability for future response costs.
The site is a National Priorities List site. Pursuant to an
administrative consent order entered into by EPA and
G.E. and Caribe G.E. in 1984, the companies
completed a remedial investigation and feasibility study
of the site and are also conducting the design and
implementation of the remedy selected by EPA in its
1988 Record of Decision. EPA has incurred more than
$1.4 million in response costs in overseeing the
companies' response actions and in conducting other
activities. G.E. has reimbursed $450,000 of this
amount The new lawsuit seeks the remainder of our
costs.
Ciba-Geigy Superfund site: On October 18,1995,
Region II issued an administrative order on consent
under Sections 104,107, and 122 of CERCLA to the
Ciba-Geigy Corporation. The order requires Ciba-
Geigy to perform, under EPA oversight, a feasibility
study for Operable Unit Two to develop and evaluate
remedial alternatives for approximately twenty-one
potential source areas of groundwater contamination on
the site. The estimated cost of the work that Ciba-
Geigy will perform is $20 million, hi addition, Ciba-
Geigy will also pay all of EPA's unreimbursed past
response costs, $797,000, plus all of EPA's future
response costs, including oversight costs.
The site is on the National Priorities List and located in
Toms River, Ocean County, New Jersey. Groundwater
at the site is contaminated with organic and inorganic
compounds, and emanates from surface and subsurface
former disposal areas on the site. Pursuant to a
settlement with EPA in 1994, Ciba-Geigy is currently
remediating the groundwater contamination. EPA
recently completed a baseline public health risk
assessment for source area surface soils, as well as a
remedial investigation to examine the nature and extent
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FY1996 Enforcement and Compliance Assurance Accomplishments Report
of the contamination in the source areas at the site. In
performing the feasibility study for the source areas,
Ciba-Geigy has agreed to adopt EPA's risk assessment
and remedial investigation report
US. v. First Marine Shipyard Inc., etaL (E.D.NT):
On September 30,1996 the U.S. filed a complaint for
CERCLA cost recovery and penalties related to Region
ffs cleanup of the barge Nathan Berman. The
complaint seeks recovery of approximately $1.8
million from First Marine Shipyard, Marine Facilities
Inc., Marine Movements, Inc., and Peter Frank and
Jane Frank Kresch individually. It also includes a
second cause of action against First Marine Shipyard
for failure to comply with an administrative CERCLA
§106 order issued to it in March of 1993.
U.S, v. Sevan M. Green and Potymer Applications,
Inc. frKDJW): On May 21,1996 a complaint was
filed on behalf of EPA Region n against Kevan M.
Green and Polymer Applications, Inc. relating to the
Polymer Applications Superfund site, located in the
Town of Tonawanda, Erie County, NY. The complaint
sought a court order allowing EPA access to the site so
that the Agency could complete a cleanup. On August
29,1996, the court issued an order granting EPA the
access requested.
The site is a former phenolic resins and rubber
products manufacturing facility. In March 1994, EPA
inspected the essentially abandoned facility and
discovered, among other things, large quantities of
hazardous substances in numerous deteriorating drums,
tanks and other containers. EPA commenced a
removal action at the site immediately after the
inspection.
U.S. v. International Paper Company, etaL
(S.DJW): This case relates to the Warwick Landfill
site, located in Warwick, Orange County, NY. On
June 10,1996 the district court entered a consent
decree signed on behalf of EPA Region n and two
companies - I.S.A. in New Jersey, Inc. ("LSA") and
Round Lake Sanitation Corporation ("Round Lake").
The consent decree requires the escrow agent who is
holding the proceeds of the sale of assets of I.S.A. and
Round Lake to pay the United States $262,500 (plus
interest) in settlement of the US' claims under
CERCLA for civil penalties and punitive damages,
arising out of I.S.A. and Round Lake's noncompliance
with an administrative order issued by EPA in 1992.
The consent decree also requires the escrow agent to
pay the United States $487,500 (plus interest) in partial
reimbursement of EPA's past response costs at the site.
The site is on the National Priorities List and is a
former municipal landfill. The site was used for the
disposal of industrial, commercial and municipal
wastes from the mid-1950's until approximately 1980.
I.S.A. and Round Lake were transporters of hazardous
substances to the site. The companies were two of the
PRPs whom EPA ordered to implement the selected
remedy for the site, which includes capping of the
landfill.
U.S. v. Occidental Chemical Corporation (WD.NT):
In March, 1996 a cost recovery consent decree
memorializing partial settlement of the Love Canal
litigation was entered by U.S. District Court. The
settlement recovers $ 137 million that the U.S.,
primarily through EPA Region n, spent on the site -
$129 million (in four installments, plus interest) from
Occidental, and $8 million from the U.S. Department
of Defense on behalf of the Army.
Prior to the enactment of CERCLA, the United States
filed a complaint (citing primarily §7003 of RCRA)
against OCC, the successor corporation to the Hooker
Chemicals & Plastics Corporation for the Love Canal
site in December 1979. Of the $ 137 million total
reimbursement, $108.3 million will be reimbursed to
the Superfund, with the remainder going to the Federal
Emergency Management Agency for its costs in
relocating residents from the Love Canal area. The
Army's contribution to die settlement resolves OCC's
counterclaim which alleged that the Army disposed of
hazardous wastes in the Canal during World War n.
U.S. v. Peirce, et al: On August 10,1996, the district
court in this case entered a consent decree mat had
been signed on behalf of EPA Region n, 17 private
parties, and four federal agency PRPs, relating to the
York Oil Superfund site -- a National Priorities List
site located in Moira, Franklin County, NY. The
consent decree provides for the implementation of the
remedy selected in EPA's February 1988 Record of
Decision for the site, which involves the solidification
and stabilization of contaminated soils and the pumping
and treatment of groundwater. The decree embodies a
mixed funding settlement under which EPA will be
paying approximately 16% of the cost of the $17
million remedy. The settling PRPs also agreed to
reimburse EPA for $4 million of its past costs at the
site.
In September 1996, EPA Region II also signed a
separate cost recovery consent decree in this case with
24 PRPs who had not signed the RD/RA consent
decree. This new consent decree was lodged with the
district court on November 6,1996 and calls for the
payment of an additional $2,225,000 to EPA. This
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amount will help defray EPA's mixed funding share
under the RD/RA consent decree, and also reimburses
EPA for some of the past costs that were not covered
by the RD/RA consent decree.
Quanta Resources site: On December 14,1995
Region n issued an administrative order on consent
under CERCLA in connection with the Quanta
Resources site in Edgewater, New Jersey. The site is
on the west bank of the Hudson River. The order
requires respondents, County of Bergen and
Metropolitan Edgewater Associates, to undertake
certain removal activities to address surface and
subsurface contamination on a portion of the fifteen-
acre site. Furthermore, the respondents will reimburse
EPA for all past response costs and oversight costs
relating to the work under the order.
The site operated as a coal tar-processing facility from
1930 until 1974, and as a waste oil storage and
recycling facility from 1974 until 1981, when it was
closed by the State of New Jersey due to illegal waste
disposal practices. A site assessment by EPA in 1985
revealed the existence of surface and subsurface
contamination.
On September 27,1996, Region II entered into another
administrative order on consent with the Allied Signal,
Inc., a former owner and operator for a removal action
at the site. Under this order, AlliedSignal is obligated
to sample and remove contaminated surface soils, as
well as any underground storage tanks, pipes and other
waste material that may be found during the removal
action. The estimated value of the work is $350,000.
In addition, this order obligates the respondent to
reimburse EPA for all past and future response costs
relating to the work and this order.
US. v. Rohm & Haas, et al: In a case Region H has
been litigating for over ten years, on September 26,
1996, Judge Joseph H. Rodriguez of the District Court
of New Jersey, issued an order and Opinion granting
the United States' motion for partial summary Judgment
as to liability against defendant Owens-Illinois, and
striking 21 of its 22 affirmative defenses. The Judge
denied the United States' motion in regard to Owens-
Illinois' affirmative defense relating to the issue of
divisibility of harm. Trial on the issue of divisibility is
pending.
Sidney Landfill site: This NPL site is located in the
Towns of Masonville and Sidney, NY and was used as
a waste disposal landfill from 1967 to 1972. On July 5,
1996, EPA issued a unilateral administrative order to
Amphenol Corp. and AlliedSignal, Inc., requiring them
to design and implement the remedy selected by EPA
in its September 1995 Record of Decision. The
selected remedy for the site includes excavating the
waste from a portion of the site and consolidating it
with another part of the landfill; constructing
independent closure caps over four discrete areas; and
extracting contaminated groundwater in one location at
the site. The estimated cost of the selected remedy is
$10.3 million, not including the contingent
groundwater remedy, and $15.5 million if the
contingent remedy is included.
EPA has also entered into administrative de minimis
settlements with four small waste contributors at the
site. The most recent of these settlements was signed
by EPA and the Sidney Central School District in
September, 1996. The School District will be paying
EPA $40,701.95 in return for a covenant not to sue
regarding the site.
CLEAN WATER ACT
United States v. Caribe Tuna, Inc. (D.PR): On April
30,1996, a Stipulation, Settlement agreement and
order was entered resolving this Clean Water Act
NPDES action brought by Region n. Defendant
operated a tuna packing operation in Ponce, Puerto
Rico and had been in chronic violation of its NPDES
permit The settlement calls for a cash penalty of
$300,000. There is no injunctive relief required
because the facility has been closed and is not
anticipated to reopen.
United States v. Hi-Temp Specialty Metals, Inc
(D.NJ): A consent decree was entered on December
22,1995 resolving this Clean Water Act (Pretreatment)
case brought by Region n. This enforcement action
was initiated against the Defendant for numerous
violations of the pretreatment regulations promulgated
pursuant to the Clean Water Act (C WA). The
Defendant achieved compliance with the CWA in
November 1993, therefore, this settlement was for
penalties only. Defendant is required to pay a penalty
of $300,000 (plus interest) in four installments over
three years, with the final payment due on January 22,
1999.
Mayaguezanospar la Saludy elAmbiente, Inc. v.
Mayaguez Water Treatment Company, Inc., et al
(D.PR): EPA Region H was actively engaged in the
negotiations and was instrumental in assisting in the
resolution of this Clean Water Act Section 505 citizens'
suit. The parties involved included the citizens group,
Mayaguezanos por la Salud y el Ambiente (MPSA), the
Mayaguez Water Treatment Co. (MWTC) and its two
parent companies -- Star-Kist Caribe, Inc. and Bumble
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Bee International, Inc. ~ and the Commonwealth of
Puerto Rico.
A consent decree between MPSA and MWTC, Star-
Kist and Bumble Bee was entered on May 23,1996.
The consent order requires MWTC to pay a penalty of
$500,000 to EQB for all past violations of the permit
and Water Quality Standards and contains stipulated
penalty provisions payable to EQB for exceedences of
the limits established in the order or for failures to meet
the compliance schedules established in the order. The
consent decree requires MWTC to construct an
upgrade to its onsite waste water treatment plant; to
conduct studies to determine if sedimentation and
metals bioaccumulation in Mayaguez Bay are occurring
as a result of the MWTC discharge; to conduct a waste
minimisation study; and to make a payment of
$500,000 to the University of Mayaguez for the
purposes of conducting an ecological study of
Mayaguez Bay. The consent decree also requires
MWTC to construct and operate the effluent difiuser
required for the mixing zone included in the new
NPDES Permit, which Region n issued on June 27,
1996.
Puerto Rico Aqueduct and Sewer Authority: Region
II issued consent agreements/consent orders (CA/COs)
resolving these three Clean Water Act 309(g) Class n
administrative penalty actions against PRASA's
Bayamon, Carolina and Puerto Nuevo POTWs for
violations of their NPDES permits. Under the
CA/COs, PRASA is required to pay an administrative
penalty of $210,000 and undertake a SEP worth at least
$60,000 to install a telemetry system at 20 pump
stations associated with these POTWs. The telemetry
system will allow remote, "real-time" monitoring of
their operation.
United States v. Puerto Rico Aqueduct and Sewer
Authority (PRASA I)(D. PR): A Joint Stipulation of
the Parties Concerning Achievement of Final NPDES
Permit Limitations, which was entered into between
PRASA and Region n pursuant to the 1978 and 1983
Court orders, was signed by the parties in September
and lodged with the Court on October 7,1996. The
Stipulation provides for a cash payment of $375,000 by
PRASA in settlement of all pending quarterly
enforcement motion penalty amounts assessed by EPA
pursuant to the Court orders. It also requires that
PRASA formulate a schedule for Water Quality Studies
to determine appropriate advanced waste treatment
(AWT) effluent limits; and sets forth
design/construction schedules for necessary AWT
facilities once the studies are completed. The
Stipulation also modifies the 1985 Court order by
allowing STPs to be removed from the order once they
meet secondary treatment requirements, rather than the
current requirement to meet permit limits for BOD
(biological oxygen demand) and SS (suspended solids).
The Stipulation covers 31 inland sewage treatment
plants (STPs) under the order. The studies will cover
all 55 inland STPs. The water quality studies are
estimated to cost about $3 million, with additional
injunctive relief requirements to cost over $25 million.
United States v. Puerto Rico Aqueduct and Sewer
Authority (PRASA II)(D.PR): A consent decree was
entered by the U.S. District Court of Puerto Rico on
December 5, 1995 in this Clean Water Act NPDES
action brought by Region n. The consent decree calls
for a cash penalty of $200,000; the construction of
sludge treatment and disposal facilities at eight of
PRASA's water treatment plants; and the creation of a
line of credit of $25 million with the Government
Development Bank of Puerto Rico which is to be used
by PRASA to help finance the construction of sludge
treatment and disposal facilities at an additional
seventy-four water treatment facilities which are the
subject of a separate administrative order.
United States v. Virgin Islands Department of Public
Works (D. VI): In January, 1996 an Amended consent
decree was entered in this Clean Water Act (NPDES)
action brought by Region II. The Amended consent
decree sets compliance schedules for the Virgin Islands
to construct improvements at eleven existing POTWs
and construct two new POTWs. This injunctive relief
is expected to cost approximately $35-40 million.
Under the Amended consent decree, the Virgin Islands
must also establish a $625,000 Corrective Action Fund
to finance day-to-day operational improvements at all
POTWs. A Court Monitor was appointed to oversee
compliance and the Virgin Islands was required to pay
$675,000 in stipulated penalties for violations of a
prior Court order.
RCRA
1833 NostrandAvenue Corporation: In July 1996,
Region n entered into an administrative settlement
resolving five related RCRA Underground Storage
Tanks (UST) enforcement actions^ The consent order
contains three separate Supplemental Environmental
Projects with a combined value of more than $500,000,
and assessed a penalty of $29,500.
1833 Nostrand Avenue Corporation ("1833") and its
sister corporations, all of Baldwin, New York, own
gasoline service stations in Nassau, Suffolk, Kings, and
Queens Counties in New York State. The action arose
from violations of the release detection and closure
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regulations for USTs, promulgated pursuant to Subtitle
I of RCRA, at five Brooklyn gasoline service stations
owned by 1833. Five separate administrative
complaints were issued against 1833 and various
operators of the stations. Settlements were negotiated
with most of the operators, and another was found
liable by the administrative law judge following a
motion by EPA for accelerated decision. The owner
would not settle, and the five cases against 1833 were
consolidated into one action.
With a hearing imminent, the parties were able to
negotiate a settlement. The agreement requires
respondent to bring the five Brooklyn stations that were
the subject of the EPA complaint, and twelve other
stations located in Queens and owned by a corporation
affiliated with 1833, into full compliance with the
release detection requirements. Outside contractors
had to be hired to perform tank tightness tests and to
monitor the manual inventory of the tanks. The
company must further contract for Statistical Inventory
Reconciliation as an extra precaution to detect releases.
Additionally, 1833 is required to perform site
assessments at the six stations and to upgrade two
facilities to the 1998 UST standards two years earlier
than required by law. The Queens stations are owned
by an 1833 affiliate corporation, LouHal Properties,
Inc., and had not been named in the EPA complaints.
Caribbean Petroleum Corporation: Region II issued
a corrective action order on consent to Caribbean
Petroleum Corporation for work at the company's
Bayamon, Puerto Rico facility. This facility has been
the subject of past and ongoing multi-media
enforcement efforts and is part of Region ITs Catafio
geographic initiative. Issued pursuant to §3008(h) of
RCRA, the order requires the company to conduct a
facility investigation to determine the nature and extent
of any contamination at the site, to conduct a study of
cleanup options (known as a corrective measures
study), and to perform certain short term cleanup steps.
The order also mandates an assessment of the nearby
Las Lajas Creek and process sewers at the facility.
HOVIC and Amerada Hess: Region n filed in
September, 1996 an administrative complaint against
the Hess Oil Virgin Islands Corp. (HOVIC) and its
corporate parent, the Amerada Hess Corporation
(Amerada Hess). Both named respondents, through
HOVIC, own and operate one of the largest petroleum
refineries in the Western Hemisphere, located on the
island of St Croix in the United States Virgin Islands.
The facility produces gasoline, other fuels and various
petroleum distillates.
The complaint alleges violations of RCRA, including:
(1) failure to determine whether certain wastes
generated constituted a hazardous waste and (2) the
improper land disposals of such wastes, a violation of
the RCRA regulations as well as the operating permit
for the HOVIC facility. The complaint seeks
approximately $166,000 in penalties.
US. v. Oliver R. Hill and O.R. Hill Fuel Co.
(N.D.NY): A complaint was filed in the Northern
District of New York seeking injunctive relief and the
assessment of civil penalties against Oliver R. Hill and
O.R. Hill Fuel Co. Inc. for their violation of a Region n
administrative order issued under §7003 of RCRA (the
order authority for potential endangerment situations).
This action stems from a petroleum release from
underground storage tank systems located at a gasoline
filling station and convenience store located on lands of
the Onondaga Nation, a federally recognized Indian
tribe, near Syracuse, New York.
The defendants had been doing business as O.R.'s GAS
AND GROCERY until mid-1993. In October 1994,
the occupant of a nearby residence detected gasoline
fumes while digging a groundwater well. The
Onondaga Council of Chiefs requested assistance from
the New York State Department of Environmental
Conservation and EPA Region n. Site assessment
activities confirmed that the gas station was the source
of the release. In March 1995, after unsuccessfully
trying to negotiate an order on consent, Region n
unilaterally issued an administrative order requiring the
defendants to assess the structural integrity of all their
underground storage tank systems; to repair and test, or
permanently close any UST system determined to be
corroded or potentially subject to structural failure; to
characterize the rate and extent of vertical and
horizontal migration of hazardous constituents in soils
and groundwater at and adjacent to the facility, and to
remediate such contamination. The Defendants did not
comply with the order and, pending assumption of
responsibility by the defendants, New York State,
working cooperatively with EPA, has undertaken much
of the required remedial work.
In the complaint, the government requests that the court
enjoin the defendants to comply with the previously
issued order and seeks civil penalties pursuant to
§7003(b) 'of RCRA for the Defendants' violations of
mat order.
Puerto Rico Industrial Development Company: In
June, 1996 Region n entered into an administrative
consent order with the Puerto Rico Industrial
Development Company ("PRIDCO") in which
PRIDCO committed itself to spend over $170,000 on a
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Supplemental Environmental Project Under the
project PKEDCO will, in an organized and methodical
manner, increase its oversight of its tenants at its
industrial properties (of which there are hundreds) in
an attempt to identify earlier those tenants with
financial and environmental compliance problems.
The settlement resolved an administrative complaint in
which EPA had alleged that PRIDCO had stored
hazardous waste without a permit in violation of §3005
of RCRA. One of PRIDCO's industrial tenants had
abandoned hazardous waste for which PRIDCO had
become legally responsible.
Under the settlement PRIDCO will perform site
assessments and an increased number of inspections at
its properties. It agreed to set up databases tracking
such information and to create new internal
management systems so that the newly acquired
information would trigger prompt response actions
where problems were observed at its facilities.
PRIDCO also agreed to pay a $4,000 penalty as part of
the settlement
San Juan Cement: Continuing EPA's focus on
combustion facilities, Region n issued an
administrative complaint pursuant to Section 3008(a)
of RCRA against San Juan Cement for alleged
violations of RCRA at the company's Dorado, Puerto
Rico facility. The complaint proposed a penalty of one
hundred and forty-nine thousand dollars for the
corporation's violation of regulations that apply to the
burning of hazardous waste in an industrial furnace.
Specifically, the complaint alleged that San Juan
Cement violated various operating limits set forth in its
Certificate of Compliance, as well as other operating
limits and recordkeeping requirements set forth in 40
C.FJR. Part 266. The complaint also alleged that the
company did not submit to EPA by the required
deadline a complete and accurate Certificate of
Compliance. In addition to this RCRA action, Region
H has previously undertaken enforcement against this
company under the Toxic Substances Control Act, the
Clean Air Act, and the Clean Water Act
U.S. v. Sugar Corporation, et aL (D.PR): A consent
decree resolving the government's claims against one of
several defendants in this RCRA case initiated by
Region II was entered in September 1996 in federal
District Court in Puerto Rico. Under the settlement,
Sugar Corporation agreed to pay a civil judicial penalty
of $250,000 to resolve its liability for violating the used
oil requirements of RCRA. This is believed to be the
largest civil judicial penalty that has been obtained to
date for violations of EPA's used oil requirements.
A civil complaint had been filed in May 1996 charging
the Sugar Corporation, Environmental Management
Services Inc., Humberto Escabi-Trabal individually
and doing business as South West Fuel Inc. and South
West Trading Co., and Puerto Rico Used Oil Collectors
Inc. with violating the used oil requirements under
RCRA.
In May 1994, EPA had documented that Sugar
Corporation and South West Fuel Inc. were storing
used oil in violation of RCRA's used oil regulations (40
CFR 279 Subpart E) at Sugar Corporation's Guanica
Mill facility situated in Ensenada Ward, Guanica,
Puerto Rico. On May 14,1994, approximately
125,000 gallons of used oil from this facility were
discharged into the Guanica Bay. In June 1995, some
used oil was illegally transported from the Guanica Mill
facility to another facility owned by Environmental
Management Services where it was temporarily stored
in violation of the used oil requirements. Between June
1995 and May 1996, all of the remaining used oil was
removed from Sugar Corporation's Guanica facility and
properly disposed of.
Sugar Corporation has now constructed the appropriate
secondary containment around the tank that had stored
used oil and has agreed to pay for most of the costs
associated with removing and disposing of the used oil
that had remained at its facility. The government,
continues to prosecute its claims against the other non-
settling defendants in this case.
West Point U.S. Army Military Academy (West Point,
New York): Region n issued a complaint, compliance
order, and notice of opportunity for hearing February
22,1996 for hazardous waste violations against the
U.S. Army Military Academy at West Point, N. Y. The
order included a total assessed penalty of $24,496 for
alleged RCRA storage and manifesting violations,
which involved "a large quantity generator that
generates hazardous waste from laboratory, training,
and vehicle and equipment maintenance operations."
EPA discovered the violations during an August 11,
1995 RCRA compliance evaluation inspection at the
facility.
SDWA
Seneca Army Depot (New York): Region II reached a
final federal Facilities Compliance agreement (FFCA)
June 25,1996, which requires a New York Army
facility to comply with the Surface Water Treatment
Rule under the Safe Drinking Water Act. The FFCA,
signed by EPA and Seneca Army Depot, in Romulus,
New York, required the facility to comply by
eliminating its unfiltered surface water source and
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connecting to a water supply being developed by the
TownofVarick,N.Y.
TSCA
Atlantic City Convention Center: Region n issued a
TSCA administrative complaint on August 22,1996
proposing a penalty of $ 180,000 against three New
Jersey respondents: the New Jersey State Sports and
Exposition Authority, the Atlantic City Convention
Center Authority, and the Atlantic City Convention and
Visitor's Authority. The complaint alleges respondents'
failures to comply with TSCA and EPA regulations
concerning the management of PCBs and equipment
containing PCBs at the Atlantic City Convention
Center in Atlantic City, New Jersey.
Chemical Waste Management: Region II and
Chemical Waste Management (CWM), a subsidiary of
Waste Management, Inc. and one of the nation's leading
hazardous waste disposal operators, settled a
longstanding PCB administrative complaint with CWM
agreeing to pay a civil penalty over $200,000. The
Region had alleged that CWM failed to test various
shipments of biological treatment sludges for PCB
concentration levels; the shipments were sent to
CWM*s Model City, New York, disposal facility.
CWM accepted these shipments varying in number
between one and six, on 48 separate days. The Region
alleged that CWMs failure to conduct individual
truckload testing violated a condition of a PCB disposal
approval EPA had issued respondent pursuant to
TSCA.
CWM disputed liability, and the parties engaged in
extensive motion practice; CWM had argued that
testing each waste stream (there were three) satisfied
the applicable requirements. In September 1994, the
Agency's Chief Administrative Law Judge Lotis ruled
in the Region's favor. Rejecting CWM's arguments to
dismiss the case (as well as its arguments that the
Paperwork Reduction Act barred the proceeding),
Judge Lotis upheld our interpretation of the PCB
disposal approval and further held that the approval
constituted an order under TSCA. The parties
subsequently agreed to settle the matter for a civil
penalty of $203,000.
New Jersey State Department of Corrections: On July
19,1996 Region n issued an administrative complaint
under the Toxic Substances Control Act (TSCA)
against the New Jersey State Department of
Corrections (DOC) for violations of the PCB
regulations promulgated pursuant to Section 6(e) of the
Act. The complaint cited sixteen violations of TSCA
and proposed a civil penalty of $1,755,000. The
violations occurred at two different correctional
facilities in Yardville and Avenel, New Jersey.
Inspections of these facilities revealed that the State
DOC had numerous violations of inspection, record-
keeping, disposal, marking and registration
requirements for electrical transformers containing high
levels of PCBs. Several of the deficiencies dated back
a number of years.
New York City Board of Education: On September
25,1996 Region II issued a consent agreement/consent
order under the Asbestos Hazard Emergency Response
Act (AHERA -- Title H of TSCA) to the New York
City Board of Education. The order requires that the
Board of Education pay a $1,500,000 fine,
systematically reinspect each of its 1,069 schools for
asbestos, and prepare new management plans to ensure
that all school buildings are in compliance with
AHERA. The settlement results from an administrative
complaint filed against the Board after the criminal
conviction for fraud in New York State court of the
Board's employee chiefly responsible for asbestos
management. As provided by AHERA, the Board will
use the fine to pay some of the cost of compliance,
estimated to total $10-12,000,000. The Board is
required to finalize the work at a rate of 75 school
buildings per calendar quarter.
New York State Office of Mental Health: On
September 19,1996, Region II entered into an
administrative consent order and consent agreement
with the New York State Office of Mental Health. The
State Agency agreed to pay a penalty of $70,000, and
to perform a substantial Supplemental Environmental
Project (SEP) costing over $570,000. The order is in
settlement of two administrative complaints issued by
the Region against the State Agency alleging various
violations of TSCA and its regulations regarding
proper management of PCBs at the State's Bronx
Psychiatric Center (Bronx, New York) and Central
New York Psychiatric Center (Marcy, New York). In
the complaints EPA alleged that the State had failed to
properly dispose of leaked PCBs, and failed to compile
and maintain various records including inspection
reports for PCB-containing equipment The SEP
provides for the abatement and/or encapsulation of lead
paint at 5 children's day care centers run by the State.
Port Authority of New York and New Jersey: Region
n achieved a comprehensive settlement of a TSCA
administrative complaint against the Port Authority of
New York and New Jersey, a joint State agency which
operates JFK and LaGuardia Airports in New York
City. The Region had cited the Authority for multiple
violations of PCB regulations at the airports. The
settlement provides that respondent will pay a civil
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penalty of $19,500, and undertake two Supplemental
Environmental Projects (SEPs). One SEP consists of a
three year fluorescent bulb recycling program for all
Port Authority facilities in the New York metropolitan
area at a total cost of $130,000. The second SEP is a
storm water management training program to be
carried out at the airports over a two year period at a
cost of $90,000.
Prestolite Electric Incorporated: Region n entered
into a consent agreement and consent order on July 24,
1996, with Prestolite Electric Incorporated, a
manufacturer of motors, diodes, and alternators for
motor vehicles, located in Arcade, New York. The
agreement was the result of an administrative
complaint issued under TSCA which alleged multiple
violations of TSCA and the regulations promulgated
thereunder concerning management of Polychlorinated
Biphenyls (PCBs). The order requires Prestolite to
pay a penalty of $7,500 and to perform a Supplemental
Environmental Project (SEP). The SEP obligates
Prestolite to spend a minimum of $64,000 on the
removal and disposal of PCB Transformers to eliminate
the presence of PCBs at the facility.
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REGION HI
CLEAN Am ACT
Hercules, Inc. (Virginia): EPA entered into a Partial
consent decree settling an action between the United
States and Hercules, Inc. (Hercules), for violations of
the Clean Air Act at a facility formerly owned by
Hercules in Covington, Virginia.
U.S. v. Ohio Power Company (West Virginia): On
May 21,1996, the U.S. District Court for the Northern
District of West Virginia entered the amended consent
decree resolving a Clean Air Act action alleging
violations of the state sulfur dioxide emission
limitations at the Kammer Power Plant The amended
decree imposes interim SO2 emission limitations for
Kammer pending West Virginia's promulgation of a
comprehensive, area-wide SO2 SIP revision. In
addition, Ohio Power has agreed to pay a $200,000
penalty and to perform a supplemental environmental
project at another facility to reduce NOx emissions.
U.S. v. Sahara Holding Company (West Virginia):
On December 21,1995, the District Court in West
Virginia entered a stipulated order wherein the
defendants, David Marshall and Sahara Holding
Company (Sahara) agreed to comply with a November
13,1996 administrative order to cease violations of the
asbestos NESHAP. The violations arose in the course
of the renovation of an apartment building (Broaddus
Apartments) owned by Sahara in Clarksburg, West
Virginia. David Marshall was the contractor. Sahara
failed to comply with the Stipulated order and the
United States moved for contempt It was determined
that Sahara had violated numerous deadlines in the
Stipulated order, including failure to secure and seal
windows and doors on the building, and failure to
submit a work plan for the cleanup. The Magistrate
then recommended a total fine of $ 17,500. In addition,
he recommended that the United States be awarded its
costs and attorneys' fees, and Sahara be ordered to
comply with an expedited schedule for sealing the
building and submitting a work plan.
On July 1,1996, EPA signed a referral of a second
contempt action against Sahara. Sahara has continued
to violate the outstanding orders, including the
contempt order. In particular, Sahara has not
implemented the work plan for remediation of asbestos
contamination at the site and has communicated an
intent to not implement the work plan in the future.
The second contempt motion prompted another hearing
in August, 1996. The Magistrate ruled in favor of EPA
and again ordered Sahara to comply with the Stipulated
order. Sahara completed some tasks, but not all and
requested an extension of time. The extension was
granted, but Sahara was ordered to hire an oversight
contractor, which it did. EPA is still pursuing this
matter.
CERCLA
U.S. v. American Cyanamid, et aL: On April 24,
1996, a consent decree between the United States,
State of West Virginia, and 56 settling defendants was
lodged with the Federal District Court for the Southern
District of West Virginia resolving the United States
and West Virginia's claims for past response costs at
the Fike/Artel Superfund site in Nitro, West Virginia.
The United States will recoup $19.6 million of its
$39.5 million in past response costs (West Virginia
will also recoup $1.115 million). In addition, the
settling parties have committed to further clean up the
site, provided that the estimated cost for the site
remediation does not exceed $59 million. Finally,
certain ongoing site remediation measures, estimated at
$30 million, are also included in the consent decree.
Therefore, the total site remediation work being paid
for by the settling defendants (either in reimbursement
of past costs or implementation of present or future
operable units) is valued at $109 million.
U.S. v. American Recovery Company, Carnegie
National Gas Company, and USX Corporation
(Pennsylvania): On September 18,1996, the U.S.
Department of Justice lodged a proposed settlement
with three defendants in a federal court action seeking
recovery of the United States costs under CERCLA.
Under the terms of the proposed consent decree,
submitted to the federal district court, the three Settling
Defendants, American Recovery Company, Carnegie
Natural Gas Company and USX Corporation, will pay
the sum of $245,000 for recovery of past response
costs incurred by the United States in connection with
the Municipal and Industrial Disposal Company site.
The settlement (coupled with three earlier settlements
against nine other named defendants) reflects a 70
percent (70%) recovery of total response costs
associated with the site. USX Corporation, along with
Bethlehem Steel Corporation, has performed the
removal action at the site.
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Brown's Battery Breaking Super/and site
(Pennsylvania): On May 30,1996, EPA and General
Battery Corporation entered into a consent decree with
respect to the Brown's Battery Breaking Superfund
site. The Defendants will perform various remedial
activities at the site and will pay approximately
$3,050,000 in past and future costs associated with
cleanup of the site.
Centre County Kepone Superfund site
(Pennsylvania)! On September 30,1996, EPA
entered into a consent decree with the Centre County
Kepone Superfund site. The site, a 32.3 acre chemical
manufacturing facility, and a portion of the Spring
Creek watershed, is located in State College, Centre
County, Pennsylvania. RNC has agreed to perform
various remedial actions at the site including:
extraction and treatment of contaminated groundwater,
excavation and offsite, disposal of contaminated soils,
monitoring of surface water discharge from the site,
and improvements to the surface water drainage system
in the plant production area. RNC will also pay more
than $292,000 in pasts costs to settle this matter.
Columbia Gas Transmission Corporation: Region
ni approved a modification to a 1995 CERCLA
administrative consent order with Columbia Gas
Transmission Corporation which permits the Agency to
finance certain oversight activities using funds
provided in advance by the settlor and maintained by
EPA in a reimbursable account rather than from the
Hazardous Substances Superfund. Under the 1995
settlement, Columbia will characterize contamination
and perform CERCLA removal actions selected by
EPA at compressor stations and other locations along
the company's 19,000 mile pipeline system. The
system, which spans Ohio, Kentucky, Pennsylvania,
Virginia, West Virginia, New York, North Carolina,
Maryland, New Jersey, and Delaware includes over
200 compressor stations, approximately 15,000 liquid
removal points, approximately 3,000 mercury metering
stations, and numerous other locations. Oversight is
expected to range from $500,000 to several million
dollars per year.
Croydon Superfund site (Pennsylvania): A
Prospective Purchaser agreement for a parcel of
property at the Croydon Superfund site (the site) in
Bristol, Pennsylvania, was agreed to by EPA on
September 20,1996. The purchaser is Slogam
Enterprises Limited. Buying property at the
contaminated site could have exposed future owners to
liability under CERCLA. Under the settlement, the
purchasers are now obligated to pay the United States
$20,000. The purchasers must also provide
unrestricted access to the site, and may not interfere
with remedial activities at the site. In exchange for
these commitments from the purchasers, EPA is
granting a limited Covenant Not to Sue the purchasers
for CERCLA liability arising from existing
contamination at the site,
Dover Gas Light Superfund site: On July 5,1996,
EPA entered into a CERCLA consent decree with the
State of Delaware regarding the Dover Gas Light site.
The State of Delaware is a current owner of the site,
which formerly was the location of the Dover Gas Light
Company, a coal gasification utility operation, The
total settlement provides for the cash payment of $1
million, plus access to the site. It will reimburse the
United States $200,000 for past costs; $200,000 for
future costs; and $600,000 to reimburse future costs for
work performed by the Chesapeake Utility Company.
This settlement with the State is precedential in light of
the Supreme Court's opinion in Seminole Tribe of
Florida v. Florida etaL Civil No. 94-12 (March 27,
1996), holding that the Eleventh Amendment precludes
some private party suits against States.
Drake Chemical Superfund site (Pennsylvania): On
February 14,1996, EPA and American Color and
Chemical Corporation entered into a consent decree in
regard to the Drake Chemical Superfund site in Lock
Haven, Pennsylvania. Under the terms of the consent
decree, the Settling Defendants will finance and
perform a cleanup of contaminated groundwater at the
Drake site. Additionally, the United States will be paid
$3.6 million toward its response costs for the Drake
site. The Commonwealth of Pennsylvania will receive
$400,000 toward its costs at the site.
U.S. v. Fidelcor Business Credit Corporation
(Pennsylvania): On July 19,1996, the court entered
this consent decree in the CERCLA cost recovery
action. The consent decree requires the four original
defendants (Fidelcor Business Credit Corporation and
three of its officers) to pay the Superfund $720,000 as
reimbursement of removal costs expended at the
Thompson Street Trailer (Philadelphia, PA) and
Eddystone Avenue Trailer (Eddystone, PA) sites.
HH, INC. Burn Pit Superfund site (Hanover County,
Virginia): Reynolds Metals Company and Westvaco
Corporation have agreed to perform certain removal
actions at the HH Burn Pit Superfund site in Hanover
County, Virginia. Under the consent order, the
companies will dispose of drums containing
decontamination water, soil and sediment cuttings, and
drilling muds. These wastes were generated during the
course of the Fund-lead RI/FS and were placed in 55-
gallon metal drums and stored on-site for future
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disposal. The companies will reimburse EPA
oversight costs associated with this work.
Keystone Sanitation Landfill site (Pennsylvania)!
On May 3,1996, DOJ lodged with the court a de
micromis consent decree entered into with 73 settlers.
This de micromis filing is the second in a series ofde
micromis settlements for this site. EPA and DOJ
continue to evaluate de micromis petitions from
approximately 700 third-and fourth-party defendants.
Merit Products Supetfund site (Pennsylvania):
Following a 30 day public comment period in which no
comments were received, the Prospective Purchaser
agreement for the Merit Products Superfund site was
finalized. EPA previously had conducted a CERCLA
Removal Action, removing drums, vats, and other
containers of hazardous substances from the site,
located in North Philadelphia, after it had been
abandoned by its prior owner. Under the settlement,
Henshell will initially pay $3,300 to EPA, and
complete an environmental audit of the site. If
Henshell decides to buy the site it would pay EPA an
additional $14,000, and would remove and properly
dispose of any underground storage tanks located at the
site within ninety (90) days of acquisition. For its part,
the City has assumed responsibility for the removal and
proper disposal of any asbestos containing materials
that may be contained in the site's structures.
Old City of York Landfill (Pennsylvania),' On
September 21,1995, EPA issued a final determination
for the Old City of York de minimis settlement In
September 1994, eleven de minimis generators for the
Old City of York Landfill site located in York County,
Pennsylvania entered into a CERCLA) administrative
order on consent (AOC) to resolve their liability to the
United States. The AOC requires each generator to
pay its per capita share of EPA's past costs at the time
of the settlement, its volumetric share of the site's future
costs, and a 200% premium on the future costs. The
total settlement equals $819,140.48.
Pabnerton Zinc Superfund site (Palmerton,
Pennsylvania): On September 30,1996, EPA entered
into eleven (11) administrative orders on consent
(AOC) with de minimis landowners in Palmerton,
Pennsylvania. Under the terms of the AOCs, the
respondents agreed to grant access to EPA and to
cooperate with EPA in an ongoing Removal Action in
Palmerton. Under the terms of the settlement,
Defendants agree to pay approximately $9 million as an
initial payment In addition to this initial payment, the
Settling Defendants have agreed to pay, over a six year
period, future payments of $4.35 million, plus interest
Paoli Rail Yard Superfund site (Pennsylvania): On
September 30,1996, EPA issued a Unilateral
administrative order to American Premier
Underwriters, Inc. (formerly "Penn Central
Corporation"), to perform response activities at the
Paoli Rail Yard Superfund site. Under the order,
American Premier is responsible for cleanup activities
in the 400-acre watershed which includes the
residential area adjacent to the site. Remediation
activities include polychlorinated biphenyls
("PCBs")removal in the residential area and removal of
sediments containing PCBs from the stream sediments
along North Valley Creek, Hollow Creek, and Cedar
Hollow Creek (all tributaries to Little Valley Creek)
and Little Valley Creek and Valley Creek.
Contaminated soils and sediments will be transported
by American Premier back to the Rail Yard Property
where they will be treated. The Rail Yard Property
itself, the only remaining portion of the site, will be
remediated by SEPTA, Amtrak and Conrail.
PECO Glenslde Mercury Spill site (Pennsylvania):
On March 8,1996, the EPA issued an order to PECO
as the result of a mercury spill in a residential home. In
November of 1995, PECO performed routine gas line
and service changeovers to twenty-three homes in the
Glenside area. On February 20,1996, a resident of
Oarfield Avenue reported a suspected spill of elemental
mercury in the basement of his home and requested
assistance. On the same day, EPA and PECO
responded to the residence to perform a site
assessment PECO advised EPA that the spill of
elemental mercury was likely the result of poor
handling of the old gas regulator removed during the
service meter changeover in November of 1995. The
residents of that home were relocated that day. Several
other homes on the block, which received service in
November, were notified. PECO has been performing
cleanup activities at the site.
Pneumo Abex Corp, v. Bessemer and Lake Erie
Railroad Company, Inc., etaL (Virginia): On
September 12,1996, Judge Raymond A. Jackson, of
the Eastern District of Virginia, issued a decision in the
Pneumo Abex Corp. V. Bessemer and Lake Erie
Railroad Company, Inc., et al. case. This case was filed
by Pneumo Abex to seek recovery of costs incurred in
responding to releases of hazardous substances at or
from the Abex Superfund site in Portsmouth, Virginia.
The action was filed against approximately nineteen
railroads that had sent scrap journal bearings to the
former Abex Foundry. The court found Abex liable for
50 percent (50%) liable of the total response costs at
the site and the Railroads liable for the remaining 50
percent (50%) of the total response costs at the site.
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The court concluded that recoverable response costs to
date totaled $6.83 million.
Publicker Industries site (Pennsylvania): On April
11,1996, EPA entered into a consent decree with
Publicker Industries, Inc. and Sagrocry, Inc.,
Publicker"s subsidiary (the "Settling Defendants"), for
the Publicker Industries Superfund site in Philadelphia,
Pennsylvania. EPA has spent over $17 million in
response costs to date and will incur additional
response costs in the future.
U.S.v. Woodlawn Landfill (Maryland): The $6
million cost recovery consent decree in the Woodlawn
Landfill case was lodged in the U.S. District Court for
the District of Maryland on September 30,1996.
Under the terms of the consent decree, the Board of
County Commissioners for Cecil County, Maryland, the
owner of the landfill, will pay the United States $4.75
million, plus interest, in installments over five years,
and the U.S. Department of the Navy, a generator of
wastes disposed in the landfill, will pay $1.25 million,
toward the costs of cleaning up this Superfund site in
Colora, Maryland. The first payments received will be
used to reimburse the United States for its past
response costs of $ 1,011,446. All other funds received
will be deposited in a site-specific Special Account in
the EPA Hazardous Substance Superfund and will be
used both to reimburse EPA for its future response
costs and to partially reimburse another PRP,
Bridgestone/Firestone, for its costs in implementing the
remedy under a unilateral administrative order.
CLEAN WATER ACT
U.S. v. Blue Plains (Virginia): On August 2,1996,
the U.S. District Court for the District of Columbia
formally approved and entered the Stipulated
agreement and order settling the enforcement action
brought against the District of Columbia for violations
of the Clean Water Act at its Blue Plains wastewater
treatment plant The agreement requires the District to
rehabilitate and reconstruct certain treatment units at
Blue Plains over the next two years, at an approximate
cost of $20 million, to make timely payments to
vendors and contractors supplying goods and services
to Blue Plains, and to maintain adequate inventories of
treatment chemicals at the plant
Dean Dairy Products, Inc. (Pennsylvania): On July
10,1996, the court issued a $4.031 million judgement
against Dean Dairy Products, Inc. for Clean Water Act
pretreatment violations. The court found Dean liable
for 1,833 violations of the Clean Water Act: 79 for
interference with the Union Publicly Owned Treatment
Works (POTW) and 1,754 violations of its Industrial
User Permit Dean based its rebuttal case on the fact
that it had not enjoyed an economic benefit from the
delaying capital expenditures which eventually brought
it into compliance with the Clean Water Act. The
United States stipulated to this fact, thus negating the
need for expert testimony, and introduced Dean
documents that showed Dean could have reduced
production to come into compliance, an option to
which Dean had assigned a value of over $417,000 in
1994 alone. The court doubled the economic benefit to
reach the final penalty of $4.031 million
DuPont, Inc. (Delaware): On August 1,1996, EPA
and DuPont, Inc. entered into an agreement to settle an
action for alleged violations of the Clean Water Act at
its Edge Moor, Delaware facility. The company will
pay a $20,000 penalty and complete two special
environmental projects. The Edge Moor plant
processes titanium dioxide for paint and pigments.
Under the terms of the consent order, the first SEP will
consist of an upgrade of the facility's treatment system
with the addition of a neutralizer. This project will
involve a capital expenditure of at least $200,000.
EPA believes that the project will result in water
quality protection above Clean Water Act
requirements. The second SEP will be a study of
process waste reduction at the facility. DuPont will
then implement the study's recommendations to the
extent economically feasible. The company agrees to
pay an additional sum (up to $52,000) if it fails to
complete these projects.
Halle Enterprises, Inc. (Virginia): On September 11,
1996, EPA entered into a consent agreement and
consent order in settlement of the CWA case against
Halle Enterprises, Inc., Kingstowne Ltd. Partnership;
and Warren E. Halle. This matter involved the illegal
fill of wetlands in violation of the Clean Water Act on a
1,110 acre p.arcel of land which is a commercial and
residential planned community known as Kingstowne,
located in Fairfax County, Virginia, respondents
agreed to mitigate and restore at least twenty-four (24)
acres of wetlands, complete the conditions as set forth
in two Wetlands Conservation Easements which cover
different parts of the property, perform a Supplemental
Environmental Project (SEP) by creating three storm
water control structures upstream of the Kingstowne
Lake, and pay a penalty of $25,000. In the event
respondents do not complete the SEP an additional
penalty of $25,000 will be paid. An administrative
order on consent was issued at the same time which
sets forth the details of the restoration/mitigation work
to be performed.
Pennzoil Products Company and Eureka Pipe Line
Company (West Virginia): The United States filed a
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complaint against Pennzoil Products Company and
Eureka Pipe Line Company (a wholly-owned
subsidiary of Pennzoil) in the Southern District of West
Virginia. The complaint seeks Clean Water Act
penalties for thirty seven (37) Pennzoil oil discharges
and for sixteen (16) Eureka oil discharges, all of which
reached navigable waters of the United States. In
addition to penalties, the United States seeks injunctive
relief given the companies' long history of discharges
caused by pipeline corrosion.
Sun Company (Pennsylvania): On September 23,
1996, EPA entered into an agreement with defendants
to address alleged Clean Water Act violations at the
Sun Company's oil refinery in Philadelphia. Under the
terms of me consent decree, the company will pay a
$600,000 penalty, restore over an acre of wetlands, and
donate a hazardous materials emergency vehicle valued
at $300,000 to the City of Philadelphia. The
Settlement resolves Sun's liability for alleged violations
of its Clean Water Act permit at the South Philadelphia
refinery and its violations of its NPDES permit
occurring at the oil refinery. On numerous occasions,
the Philadelphia Refinery discharged pollutants
(including oil and grease, total suspended solids, BOD,
ammonia, pH and phenols) into the Schuylkill River in
amounts exceeding the limitations set in their NPDES
permit
Defendants have completed all injunctive relief set
forth in the decree. Sun upgraded their Philadelphia
Refinery wastewater treatment, stormwater conveyance
and operational practices to prevent further violations
of the NPDES permit Sun remains liable for all
stipulated penalties incurred since June 1994. The
proposed consent decree is subject to a thirty-day
public notice and comment period and to final court
approval.
EPCRA
Cage Graphic Arts, Inc. (Pennsylvania): The consent
agreement and consent order was negotiated in
settlement of a IS count Administrative complaint
issued against Gage Graphics Arts, Inc., (Cage), a
manufacturer of printing plates, located in Philadelphia,
.Pennsylvania, respondent was charged with fifteen
counts of failure to report to the State Emergency
Response Commission (SERC) and the Local
Emergency Planning Committee (LEPC), and the Local
Fire Department. Cage paid a $5000 penalty and will
complete a $577,114 SEP. The project will eliminate
the use of the extremely hazardous chemical, nitric
acid, from its manufacturing process.
EMI Company (Pennsylvania): On May 29,1996,
EPA executed a consent agreement and order settling
an administrative action against EMI Company for
payment of $20,000 and agreement to perform a
Supplemental Environmental Project (SEP). The SEP
requires respondent to install and operate (for one (1)
year) baghouse emissions control technology for four
(4) electric induction furnaces presently not subject to
Best Available Control Technology (BAT) control
requirements. The total SEP capital costs and
operating expenditure costs for one year are estimated
to be at least $786,664. Those particulates include
some of the regulated materials (copper and
manganese) that are the subject of mis action. Region
HI filed the administrative complaint against EMI
Company of Erie, Pennsylvania for EPCRA reporting
violations.
HPCAssociates etal (Pennsylvania): On December
4,1995, Administrative Law Judge Thomas W. Hoya
ordered that the Administrative Hearing scheduled be
canceled, after EPA and the respondents reached
agreement, respondents were ordered to pay $80,000
within 60 days for failure to report the presence of
Chlorine at an apartment complex in Huntington
Valley, Pennsylvania.
Larstan Industries (Maryland): On February 13,
1996, EPA and Larstan Industries entered into a
consent agreement, resolving the company's EPCRA
reporting violations. Larstan agreed to pay a cash
penalty of $5,000 and to perform a Supplemental
Environmental Project (SEP) to eliminate the use of
1,1,1 -Trichloroethane (TCA) in its operations. The
SEP requires Larstan to spend at least $145,964 in
capital costs and increased operating costs to substitute
a water-based solution for TCA in its rubber-molding
operations. Larstan has committed to not using TCA or
any other toxic chemical in its rubber molding
operations for at least 5 years. If Larstan fails to
complete the SEP, it will be liable for an additional
penalty of $14,047.
Service Wire Company (West Virginia): On May 15,
1996, EPA issued a consent order settling an EPCRA
administrative action for a $35,000 total penalty.
respondent had failed to file Toxic Release Inventory
Reporting Forms for two years for copper used in the
manufacture of wire at its Huntington, West Virginia
plant This settlement requires the payment of a
$25,000 penalty, and completion of a Supplemental
Environmental Project with a gross cost of $100,000,
for which $10,000 hi penalty mitigation will be
recognized. This pollution reduction project involves
the reclamation of copper fines and other pollutants
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from a lubricating solution which would otherwise be
sent to the South Charleston Treatment Plant.
RCRA
Bit-Dry Corporation (Pennsylvania): On September
30,1996, EPA issued an administrative complaint
against Bil-Dry Corporation of Philadelphia for
violating the federal law on hazardous waste storage
and disposal. The complaint seeks a $231,800 penalty
for alleged violations of the Resource Conservation and
Recovery Act (RCRA) at Bil-Dry's facility located at
5525 Grays Avenue in Philadelphia. The complaint
alleges that EPA and Pennsylvania Department of
Environmental Protection (PADEP) inspections in
December 1995 and April 1996 uncovered violations
of several hazardous waste requirements at the
southwest Philadelphia facility. The alleged violations
include failure to conduct hazardous waste
determinations of solid wastes stored on the premises;
violation of land disposal regulations; failure to develop
and retain a written inspection plan at the site; failure to
maintain and update a closure plan and closure cost
estimate; improper management of hazardous waste
containers; and failure to file a bond with PADEP.
Heritage Metals Finishing, Inc. (Pennsylvania): On
September 30,1996, EPA issued an administrative
complaint against Heritage Metals Finishing, Inc., for
alleged violations of the Resource Conservation and
Recovery Act (RCRA). EPA alleges that the
Elizabethtown, Pennsylvania metal finishing company
violated RCRA's storage, disposal, and recordkeeping
requirements. The agency seeks a penalty of $43,800
for these violations. The complaint alleges Heritage
failed to determine whether its chromium and methyl
ethyl ketone (MEK) wastes were hazardous and
whether the wastes were restricted from land disposal;
failed to comply with hazardous waste storage
manifesting, and recordkeeping requirements; and
failed to respond to information requests. EPA also
issued Heritage a compliance order directing it to
comply with these regulations.
Neville Chemical Company (Pennsylvania): On
November 9,1995, the United States District Court for
the Western District of Pennsylvania entered a consent
decree which requires Neville Chemical Company,
Inc., located in Pittsburgh, Pennsylvania, to implement
a Supplemental Environmental Protect (SEP). It is the
first settlement pursuant to the May 8,1995 "Interim
Revised EPA Supplemental Projects Policy." The SEP
required by this consent decree requires Neville to
provide appropriate secondary containment of two
tanks which are used to store fuel oil distillate. The
current containment of these tanks consists primarily of
"earthen" diking. The secondary containment required
by the SEP must include concrete containment
sufficient to provide for the entire contents of the large
single tank plus sufficient freeboard to allow for
precipitation. The cost of this project is approximately
$390,000.
Remac USA, Inc. (District of Columbia): On
September 27,1996, EPA issued an Administrative
complaint, Compliance order and Notice of
Opportunity for Hearing ("complaint") against REMAC
USA Inc. (REMAC), a transporter that owns and
operates a hazardous waste transfer facility located at
1525 W Street, N.E., Washington, DC. respondent
violated RCRA by operating a hazardous waste facility
without a RCRA permit. In addition to injunctive
relief, the proposed penalty is $203,500.
Washington Navy Yard (Washington, D.C.): On
September 30,1996, EPA issued two administrative
complaints against the U.S. Navy, Washington Navy
Yard located on the Anacostia River. The first of these
complaints alleges that the U.S. Navy failed to file
notification, operated without a permit, failed to
maintain fire protection equipment, and failed to train
facility personnel or to retain requisite documentation.
This complaint seeks proposed civil penalties in excess
of $ 196,000 and certain injunctive relief. The second
complaint (Underground Storage Tank/UST) alleges
that the U.S. Navy failed to submit timely notifications,
failed to comply with release detection requirements, or
failed to comply with record keeping requirements.
This RCRA UST complaint seeks injunctive relief.
These complaints are the first ever in the nation issued
against a Federal Facility.
Wheeling Pittsburgh Steel Corporation (West
Virginia): On. September 27,1996, EPA issued a
RCRA Initial Unilateral administrative order to
Wheeling Pittsburgh Steel Corporation (Wheeling Pitt).
The order requires Wheeling Pitt to perform a RCRA
facility investigation and corrective measures study at
its facility located at 1134 Market Street, Wheeling,
West Virginia.
SDWA
Government of the District of Columbia: On July 12,
1996, EPA entered into an agreement that requires the
District of Columbia, Washington, D.C. (the District)
to immediately address its public notification
violations. On November 13,1995, EPA Region m
issued a Proposed administrative order to the District
for several violations of monthly maximum
contaminant levels (MC.L.s) for total conform bacteria
and for acute violations of the M.C.L. for total coliform
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in September, 1993; June, 1995; and November, 1995,
in violation of the Safe Drinking Act (SDWA). The
District also failed to give the proper notice of violation
to the public or users of the system. EPA held a public
meeting on April 9,1996 to address public concerns.
A formal public hearing was held on April 17,1996.
The public comment period closed in May, 1996.
This order requires the District to submit for EPA
approval, a plan for remedial action and
implementation. It will be a long term plan that will
bring the District into full compliance. The plan will
include a financial management program; a flushing
and disinfection program; a sampling program; a cross
connection control program; a program for the ultimate
rehabilitation of all storage facilities; and a storage tank
maintenance program. In addition, the plan will
address corrosion control treatment and monitoring of
the water quality effects on secondary bacteriological or
biofilm growth.
TSCA
Bayer Corporation (Formerly Mobay Corporation)
(West Virginia): On September 30,1996, EPA filed a
consent agreement and order settling a Toxic
Substances Control Act (TSCA) case against Bayer
Corporation (formerly Mobay Corporation). Under the
terms of the settlement, Bayer has agreed to pay a
$500,000 penalty, and perform two environmentally
beneficial projects that will cost an estimated four
million dollars. EPA's 1991 administrative complaint
alleged that Mobay had violated TSCA's reporting
requirements for the import and manufacture of toxic
substances. In addition to the $500,000 penalty, Bayer
has agreed to complete two Supplemental
Environmental Projects (SEPs) that go beyond legal
requirements. The first SEP, a pollution prevention
project, involves modifications to a chemical
manufacture system at Bayer's New Martinsville, West
Virginia facility. This project, which will cost an
estimated $3.5 million, should reduce the hazardous
waste generated at the plant by approximately 2.4
million pounds. The second project is an
"environmental audit" of Bayer's compliance with
TSCA requirements, which will cost an estimated
$500,000. The audit will cover chemical substances
(as defined by TSCA) that were imported or
manufactured by Bayer Corporation in 1994 and 1995.
Bayer must report and pay stipulated penalties for all
violations uncovered by the audit, and promptly correct
these violations.
Southeastern Pennsylvania Transportation
Authority, Inc. (SEPTA) (Pennsylvania): On
September 24,1996, EPA entered into a consent
agreement, consent order and a Settlement Conditions
Document with SEPTA, settling a TSCA
administrative complaint. Under the terms of the
Settlement Conditions Document SEPTA agreed to pay
a $ 11,500 penalty and to perform a Supplemental
Environmental Project (SEP) at a cost of $718,000.
SEPTA will remove three (3) PCB Transformers
containing a total of 42 gallons of PCB dielectric fluid
at its 44th Street Pump Room and replace them with
non-PCB transformers and will remove ten (10) PCB
Transformers containing a total of 9,254 gallons of
PCB dielectric fluid at its Butler Substation and Grange
Substation that provide traction power to the Broad
Street Subway and replace them with non-PCB
transformers. SEPTA will also retrofill eight (8) PCB
or PCB-contaminated transformers at various locations
and convert them to non-PCB transformers.
MULTIMEDIA
Horsehead Industries (Pennsylvania): On November
13,1995, a hazardous waste recycler near Allentown,
Pennsylvania agreed to pay a $5.65 million penalty and
to spend another $30-40 million dollars to reduce
harmful releases of lead and cadmium into the soil, air
and water. The settlement will upgrade the facility to
limit release of contaminated dust and curb drainage
from the Palmerton, Pennsylvania processing facility of
Horsehead Industries and Horsehead Resources
Development Company. This dust and drainage had
contaminated the nearby Aquashicola Creek and the
Lehigh River. The agreement resolves a lawsuit filed
against Horsehead which alleged that the company
violated the CAA, CWA, and RCRA.
The consent decree provides that Horsehead will
upgrade and change its ongoing operations to limit dust
and visible stack emissions from its processing
operations. A visible air emissions monitoring system
will be installed so that state environmental officials
can monitor the emissions via an online computer
system. This system will allow them to have instant
access to air monitoring data, and be aware of any
problems as they occur. Additionally, Horsehead will
construct buildings to house materials that contain
hazardous substances while those materials await
processing. All outdoor storage piles will be removed,
and those sites will be closed consistent with RCRA.
Horsehead will also apply for a recycling permit from
the state to extract, and resell zinc-containing materials
from hazardous wastes received at the facility. Finally,
control measures will be put in place to reduce run-off
of contaminated water from the facility which includes
a 2.5 mile long cinder bank that was generated over the
life of the facility.
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REGION IV
CLEAN Am ACT
Willamette Industries, Inc.: On April 1,1996, the
Department of Justice filed a complaint against
Willamette for emitting participate matter from its
waste wood boiler in excess of the limit in Subpart D
and the limit in its state permit The complaint alleges
violations from June 1991 through October 1994 and
seeks civil penalties of $25,000 for each day of
violation. Willamette operates a paper mill in
Bennettsville, S.C. that includes a waste wood boiler
that provides steam for manufacturing. The boiler is
subject to Subpart Db, which limits particulate
emissions to 0.10 pounds per hour. The mill was
constructed as a major source under South Carolina's
PSD program. The PSD permit further limits
particulate emissions to O.OS pounds per hour. The
boiler's particulate emissions were not adequately
controlled until its scrubber was replaced by a different
control device in 1994. Efforts to negotiate an
appropriate civil penalty in the context of pre-referral
negotiations were not successful.
CERCLA
Arlington Blending and Packaging site and
Galloway Pits site (Shelby County, Tennessee): On
August 28,1996, a CERCLA 107 consent decree was
entered for the sites pursuant to which the settling
defendant, Velsicol Chemical Company (Velsicol), will
reimburse EPA $3,500,000 in past costs. la addition,
Velsicol agreed to reimburse EPA for all of its future
oversight costs of the remedial design/remedial action
that Velsicol is performing pursuant to a unilateral
administrative order. The Arlington site was a former
pesticide formulation and packaging facility. The
Oallaway site is a gravel mine in which wastes from the
former Arlington facility were dumped. EPA'spast
costs were a result of fund-lead removal and
investigatory activities.
The consent decree resolves over 10 years of litigation
between the United States and various defendants. The
complaint for past costs on the above sites was filed in
1986 against Velsicol, Tenninix International, Inc.
(Terminix), Chemwood Corporation (Chemwood),
William Bell, and Robert Meeks. Pursuant to Court
ordered mediation between the defendants, all of the
defendants, including the third party defendants, have
settled with Velsicol with the exception of Tenninix.
Basket Creek site (Douglasville, Georgia): On June
28,1996, the U.S. District Court entered a partial
CERCLA Section 107 consent decree in which Young
Refining Corporation agreed to pay $51,000 of EPA's
past response costs at the site. After analysis of the
defendant's financial condition by DO Js Antitrust
Division, EPA and DO J concluded that Young
Refining could not be expected to pay more than
$85,000 without impacting its continued viability. This
defendant was already incurring costs in defending a
separate action brought by Chem-Nuclear Systems, Inc.
(CNSI) for contribution based on CNSI's costs incurred
in performing a removal action under an EPA unilateral
order. Young was also obligated to expend substantial
amounts in compliance with a consent order with the
Georgia Environmental Protection Division to clean up
its own facility. Accordingly, EPA and DOJ proposed
that the total amount available ($85,000) be split
between the U.S. ($51,000) and Chem-Nuclear
Systems ($34,000). This settlement was designed to
allow the defendant to remain in business and to
complete its preexisting obligations for environmental
restoration at its own facility. Chem-Nuclear Systems
has concurred in writing with the entry of this decree,
avoiding additional litigation expenses for all parties.
Carolawn site (Fortlawn, South Carolina): On
October 19,1995, a partial CERCLA Section 107
consent decree was entered in the U.S. District court
for the District of South Carolina, Columbia Division
pursuant to which the United States recovered
$292,950 in past response costs incurred by EPA at the
site for removal actions taken. The site was formerly
operated as a disposal and recycling facility during die
late 1970s and through the early 1980s. The settling
defendants are a group of twenty-eight corporations
who arranged for the disposal of hazardous substances
at the site. The recovered costs represents the
remainder of outstanding costs incurred by EPA during
removal activities conducted in 1981 and 1982. This
site has been the subject of previous cost recovery
consent decrees for EPA's removal costs and is now on
the NPL undergoing the remedial cleanup process.
Distier Farm and Brickyard sites (Louisville,
Kentucky): On October 12,1995, a CERCLA Section
107 cost recovery consent decree for the sites was
entered in the United States District Court for the
Eastern District of Kentucky. The consent decree
settled complaints by the United States and the
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Commonwealth of Kentucky against approximately 30
PRPs. The PRPs agreed to pay to EPA and the
Commonwealth $6,355,000 in past response costs and
to reimburse EPA for the future costs of performing the
remedial action at the sites. The total value of the
settlement was approximately $16,000,000.
The Brickyard and Farm sites were both repositories of
hazardous wastes received by Donald Distler through
his company Kentucky Liquid Recycling (KLR). When
KLR was unable to receive a permit to operate a waste
incinerator, the wastes the company had contracted to
dispose of were either buried at a farm owned by
Donald Distler's parents along the banks of the Ohio
River or stored at the Brickyard, which was an
abandoned brick manufacturing facility. The response
costs incurred were for a series of removals at the farm
and brickyard and for the RI/FS and RD/RA at the site.
J &A Enterprises site, (Huntsville, Alabama): In
accordance with the Agency's commitment to assure
enforcement fairness for PRPs, on February 29,1996,
EPA - Region IV entered into a Cost Recovery
agreement with J & A Enterprises (J & A). J.& A
agreed to pay quarterly installments to EPA over a 3
year period totaling $60,000. EPA reviewed J & A's
tax returns for the last 5 years along with other financial
information. Based on the Agency's review of these
documents, it was determined that J & A was able to
pay $60,000 over a 3-year period and still remain in
business. The total Agency response costs at the site
through May 31,1996, is $215,634.49. On September
16,1996, EPA signed a 10 Point Settlement Document
serving as a Decision Document Not to Pursue Cost
Recovery for the outstanding balance of $ 155,634.49.
North Hollywood Dump site (Memphis, Tennessee):
On November 8,1995, two final partial CERCLA
Section 107 consent decrees were entered in the U.S.
District Court for the Western District of Tennessee.
Both settled United States v. Velsicol Chemical
Corporation, The Proctor & Gamble Cellulose
Company, and City of Memphis, Tennessee v. Enco,
Inc., et al. Pursuant to the terms of the first consent
decree, the United States recovered $ 1,595,000 in
response costs incurred at the site relating to the RI/FS
and the supplemental RI/FS from the Velsicol
Chemical Corporation and the City of Memphis,
Tennessee. Pursuant to the terms of the second consent
decree, the United States recovered $300,000 in
oversight response costs from Proctor & Gamble.
This site, a landfill for municipal and industrial waste,
was the State of Tennessee's first NPL listing. This
landfill was used from the mid-1930s through the mid-
1960s, though dumping was believed to have continued
through the 1970s. The City of Memphis was the
operator, while Proctor & Gamble and Velsicol
Chemical were the two largest generators.
Contaminants deposited at the site included chlorinated
hydrocarbons and other pesticides, plus also
heptachlor, chlordane, endrin, copper, and other toxic
wastes. A variety of emergency removal actions were
undertaken during the years 1980-1984. The ROD,
issued on September 13,1990, requires a number of
remedial measures, including solidification and/or
removal of contaminated sediments in the surface
impoundments and installation of a permanent cap on
the landfill.
OldATCRefinery (Wilmington, North Carolina):
On July 30,1996, EPA signed the final AOC for an
EE/CA and the non-time critical removal action for the
site. Investigation of the site, conducted by Black &
Veatch, showed that the presence of hazardous
substances at the facility, including lead, zinc and
cadmium, which may constitute a threat to the public
health, welfare, and the environment The removal
action recommended by the EE/CA calls for removal of
all containerized waste from the site and proper
disposal at an off-site facility. It is further
recommended that the contents of the tanks and piping
associated with the Above Ground Storage Tanks
(ASTs) be removed and disposed. Last, two source
areas will be treated or removed to an off-site facility
and additional sampling will be conducted in the
portion of the areas defined in the EE/CA.
Olin Corporation (Mclntosh, Alabama): On July 26,
1996, EPA issued a RCRA Section 7003
administrative order to the Olin Corporation in
Mclntosh, Alabama The Olin Mclntosh Plant is a
Superfund site, and in May 1996, EPA and Olin lodged
a consent decree with the 4th U.S. District Court,
Southern District of Alabama, to implement RD/RA
activities at that site. District Judge W.B. Hand refused
to enter the consent decree on the basis that Superfund
is unconstitutional. Since that conditions exist at the
facility that may present an imminent and substantial
endangerment, RCRA issued a § 7003 order to Olin to
implement certain conditions of the Superfund Record
of Decision.
Piper Air craft Corporation site (Vero Beach,
Florida): On July 19,1996, a consent decree for
remedial design/remedial action (RD/RA) between the
United States and The New Piper Aircraft Corporation
(New Piper), a Delaware corporation, was entered in
the U.S. District Court for the Southern District of
Florida, Fort Pierce Division. After Piper Aircraft
Corporation (Old Piper) negotiated a consent decree
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with the United States, New Piper purchased in July
1995 the assets of Old Piper pursuant to a plan of
reorganization of Old Piper confirmed (also in July
1995) in the U.S. Bankruptcy Court for the Southern
District of Florida, and assumed all obligations of Old
Piper under the negotiated consent decree. Under this
settlement, New Piper will conduct RD/RA for
groundwater and reimburse 100% of past and future
response costs. The RD/RA requires groundwater
extraction and air stripping of volatile organic
compounds to meet applicable state and federal surface
water discharge criteria.
Fred Ramsey Tank site (Valdosta, Georgia): On
February 15,1996, DO J filed a cost recovery action
styled United States v. Fred Ramsey, in the U.S.
District Court for the Middle District of Georgia. The
action seeks approximately $265,000 in response costs
at the time of the complaint plus penalties for Mr.
Ramsey's non-compliance with Section 104(e)
CERCLA Information Requests issued to Mr. Ramsey.
The Fred Ramsey Tank site is the location where Mr.
Ramsey disposed of 3 above-ground storage tanks and
a tanker trailer which contained tank bottoms from Mr.
Ramsey's former solvent recycling operation, Ramsey
Chemical, Inc. Mr. Ramsey had sold the Ramsey
Chemical facility to another operator and the buyer had
required that Mr. Ramsey remove the out-of-use tanks
from the facility. Instead of disposing of the tanks and
their contents legally, Mr. Ramsey bought a vacant lot
and disposed of the tanks on the lot without obtaining a
permit or notifying any regulating entity. In August of
1996, EPA referred additional claims against Mr.
Ramsey under RCRA to DOJ, requesting that DOJ
amend the complaint to add RCRA counts. Subsequent
settlement negotiations have led to a settlement in
principle pursuant to which Mr. Ramsey will pay
$325,000 for CERCLA response costs, CERCLA
Section 104(e) penalties and RCRA penalties, and a
parallel settlement will obtain remaining response costs
from certain generator PRPs who were former
customers of Ramsey Chemical, Inc.
S&S Ffying Service site (Marianna, Florida): On
October 6,1995, the District Court for the Middle
District of Florida entered a consent decree to resolve
EPA's CERCLA Section 107 cost recovery action
against the City of Marianna, Florida, for costs incurred
by EPA for removal actions at the site. The consent
decree provides for payment of $500,000 towards past
response costs at the site which is the City's municipal
airport The removal involved the incineration of
pesticide-contaminated soil at the end of one of the
airport runways which was completed in September
1990. After an exhaustive search of PRPs, the Region
determined that while the owner of S&S Flying Service
(William Singleton) was insolvent, a financial analysis
of the City indicated that Marianna could pay a portion
of the $1.5 million costs incurred in the cleanup. The
government filed a complaint against the City on April
6,1994. Under the agreement the City will pay
$500,000 plus interest accrued in four payments over
three years. The first payment of $200,000 was paid
within 30 days of the entry of the consent decree.
TH Agriculture & Nutrition site (Montgomery,
Alabama); On April 12,1996, the United States
District Court for the Middle District of Alabama
entered a consent decree whereby the owners and
operators of T H Agriculture Superfund site in
Montgomery, Alabama will perform and fund the
interim remedial action/remedial design, and reimburse
the United States for costs incurred in connection with
such work, including, but not limited to, oversight
costs. The estimated cost of implementing the selected
remedy is $6,100,000. T H Agriculture & Nutrition
Company, Inc., (THAN) formerly owned and operated
a storage and distribution facility for industrial and
agricultural chemicals on a portion of the site. Elf
Atochem North America, Inc., fk/a Pennwalt
Corporation (Elf), owned and operated a chemical
formulation and distribution facility on a portion of the
site adjacent to and up gradient from the THAN
Property, handling substances similar to those handled
by THAN. Elf and THAN are both signatories to the
consent decree.
Wclco Plating Dump site (Jackson County,
Alabama): On March 5,1996, the U.S. District Court
for the Northern District of Alabama, in a case
captioned United States v. J.C. Collins, Jr. et al.,
entered a CERCLA § 107 consent decree for recovery
of costs associated with EPA's removal of settling
defendants' metal plating wastes at the site. After
establishing the settling defendants' limited ability-to-
pay, the parties agreed to settle EPA's $1.8 million
outstanding response costs for the amount of $130,000.
Originally, the settling defendants initiated removal
activities at the site in 1987 pursuant to a Unilateral
administrative order issued by EPA. However, in 1988
defendants J.C. Collins and Welco, Inc. were indicted
and subsequently pled guilty to several criminal counts
of violating CERCLA, RCRA, and the Clean Water
Act; the court sentenced J.C. Collins to jail and a fine
and Welco Inc. to probation and payment of a fine and
EPA's response costs. EPA performed the actual
removal in 1989 after establishing that the settling
defendants were thereafter not able to complete the
action in a timely and satisfactory manner.
Woodbury Chemical Company site (Dade County,
Florida): On May 25,1996, a consent decree was
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entered providing for payment of $40,000 in settlement
of a §107 cost recovery action against Woodbury
Chemical Company and related PRPs. The case raised
policy issues concerning the extent to which EPA
should pursue recovery for costs in matters where "no
action" RODs follow PRP removal actions, as well as
legal issues concerning the scope of the § 107(1)
"FIFRA exemption." Based on the distinctive facts of
this case, the United States agreed to a substantial
compromise of its costs, in part because this site
probably would never have been listed on the NPL
under EPA's current policy making it appropriate to
consider all activities, including removals, conducted
before the final listing decision. EPA deleted the site
from the NPL on November 27,1995.
CLEAN WATER ACT
CAPS Development, Inc.(Lamar County,
Mississippi): respondent conducted unauthorized
excavation, mechanical land clearing and dam
construction in waters of the U.S. On July 3,1996,
EPA issued a consent agreement which required the
respondent to pay a $50,000 penalty and undertake the
following Supplemental Environmental Project (SEP)
which the parties agree is intended to secure significant
environmental protection and improvements.
respondent agrees to perform a one-day workshop on
Section 404 of the Clean Water Act for contractors,
developers and other interested parties in the
Hattiesburg, Mississippi area. Appropriate outlines
and written materials shall be included in the
workshop. The total expenditure for the SEP shall not
be more than $5,000. This was the first of several
similar cases where developers in the Mississippi
coastal area are constructing residential developments
without the proper U.S. Army Corps of Engineer's
permit
Cobb County Department of Community
Development (Cobb County, Georgia): respondent,
during the widening of Sandy Plains Road in
northeastern Cobb County, required the discharge of
fill into waters of the U.S. pursuant to Nationwide
permit 24. The County's failure to adequately
implement and/or maintain erosion and sedimentation
control devices for the project resulted in erosion of
road fill into tributaries of Willeo Creek, degrading
stream water quality and resulting in sediment
deposition in downstream lakes. The penalty consisted
of a $10,000 penally and the County will sponsor
training for its employees and road contractors and
their personnel in all pertinent aspects of county
standards for land disturbing activities, particularly
wetland impacts.
Jack Freeman (Lee County, Florida): respondent
mechanically land cleared approximately 30 acres of
pine flatwood wetlands during conversion of the site to
pasture land. A settlement was negotiated to include a
$15,000 penalty plus restoration of 20 acres.
Restoration consisted of natural revegetation and
removal of invasive exotic vegetation.
Georgia Department of Transportation (GDOT)
(Cobb County, Georgia): respondent, by its failure to
properly implement and/or maintain erosion and
sedimentation control measures at two road
construction sites in Cobb County, Georgia, has caused
earthen fill to be deposited in approximately 3.5 acres
of wetlands, respondent paid a penalty of $34,000 and
provided state wide training on erosion control for 763
employees of GDOT and their contractors. GDOT is
also being required to remove sediment from a private
lake impacted by the erosion.
Sam Hall, d/b/a Hall's Septic Services: EPA learned
that Sam Hall was dumping sewage wastes into 3
abandoned coal mine entrances in Floyd County,
Kentucky. On March 5,1996 (after respondent refused
to accept Certified Mail delivery), EPA had the U.S.
Marshall's Office serve Sam Hall with an Emergency
administrative order issued and effective on January 31,
1996. The order required Mr. Hall to, in part, cease
and desist from dumping fluid wastes into mine
entrances and to notify EPA within 24 hours of receipt
of the order whether and how he would comply.
Failing to receive a response from the respondent, the
Water Programs Enforcement Branch (former
Groundwater Protection Branch) requested that the
Emergency Response and Removal Branch initiate a
cleanup of the mines and mine entrances. The cleanup
is continuing. In addition, ERRB is conducting tests to
determine the.extent and source of Fecal Coliform
contamination in the drinking water supplies of area
residents.
In the interim, EPA has referred the case to the
Department of Justice, recommending that Justice file a
civil judicial action against Sam Hall, d/b/a Hall's
Septic Service, for enforcement of the Emergency
administrative order. Additional relief may be sought
to include the provision of alternate sources of drinking
water for area residents and to recover the costs of the
cleanup.
Jefferson County, Alabama: EPA signed a consent
decree with the Jefferson County Commission, the
Cahaba River Society and Kipps and Angwins
(citizens), to settle an EPA complaint against Jefferson
County, Alabama for violations of the Clean Water Act.
The lawsuit alleged that Jefferson County committed
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violations of the Clean Water Act at its wastewater
treatment facilities which discharge into the Cahaba
and Black Warrior Rivers. Jefferson County is a
municipality in Alabama which owns and operates 10
wastewater treatment plants discharging into the
Cahaba and Black Warrior Rivers. The violations
include effluent violations of National Pollutant
Discharge Elimination (NPDES) permits, intentional
bypass of treatment works resulting in discharges of
untreated sanitary sewage, overflows of the sanitary
sewer collection systems resulting in discharges of
untreated sanitary sewage, and discharging without a
NPDES permit
The consent decree requires the County to eliminate
further bypasses and unpermitted discharges of
untreated wastewater containing raw sewage to the
Black Warrior and Cahaba River basin, eliminate
sewer system overflows, achieve full compliance with
its NPDES permits, and achieve full compliance with
the Clean Water Act The County is required to pay a
penalty to the U.S. Treasury of $750,000. In addition,
the decree calls for a $30,000,000 Supplemental
Environmental Project (SEP). The SEP is a Greenway
project involving segments of the Cahaba and Black
Warrior Rivers and/or their tributary streams. The
County will acquire and maintain protected areas along
the streams; the primary environmental purpose will be
to restore, protect and enhance the water quality of, and
to reduce and/or prevent erosion and non-point source
pollution loads from entering the designated rivers.
The County will enact a three-phase approach to
improve and correct the infiltration/inflow problems
and will initiate a Sewer System Evaluation and enact
improvements to their sewer system and wastewater
treatment plants. The SEP and other remedies required
by this decree will improve the water quality of the
Cahaba and Black Warrior Rivers and reduce the
overall potential adverse environmental impact The
secondary benefit shall be to protect, restore and
enhance aquatic and stream corridor habitats of the
Rivers.
Mobil Oil Corporation (Polk County, Florida): On
September 13,1996, the EPA and the Department of
Justice (DO J) reached settlement with Mobil Mining
and Minerals Corporation (Mobil) in this matter.
Following settlement negotiations regarding the alleged
effluent and storm water discharge violations, Mobil
agreed to pay a $200,000 penalty. There was no
required injunctive relief. DO J is drafting a Stipulated
order and Motion for Dismissal of the matter. Mobil
Oil Corporation d/b/a/ Mobil Mining and Minerals
Company previously owned and operated several
mining facilities in Polk County, Florida. Alleged
NPDES effluent and unpermitted storm water
discharge violations during 1991-1994 at three of the
facilities were the basis of the action. EPA referred this
matter to the DOJ on February 10, 1995 and, in
compliance with the Civil Justice Reform Executive
order, on February 27,1996, DOJ issued a pre-filing
notification letter in order to notify Mobil of the nature
of the dispute and attempt to achieve settlement before
filing a civil complaint Mobil, EPA and DOJ met on
September 13th in an attempt to resolve the remaining
storm water violation issues. Following the meeting,
Mobil made an acceptable offer (above EPA's bottom
line) of settlement. DOJ is currently drafting a motion
to finalize the settlement and close of the case.
U.S. v. Southdown, Inc., d/b/a Florida Mining and
Materials Concrete Corporation: On September 5,
1996, the United States District Court for the Northern
District of Florida, Tallahassee Division, entered a
consent decree where Southdown agreed to spend at
least $200,000 to develop and conduct a SEP for
environmental compliance promotion in the ready-mix
concrete industry. The SEP consists of at least 18
environmental compliance workshops to be conducted
in Florida, California, and other states to instruct ready-
mix concrete plant owners and operators regarding
applicable environmental regulations and how to
comply with them. In addition, Southdown agreed to
pay a civil penalty in the amount of $350,000.
On September 13,1994, the United States filed a
complaint against Southdown for violations of Section
301 of the CWA and the conditions and limitations of
an NPDES permit issued by EPA. The violations
included failure to discharge effluent limits for PH and
Total Suspended Solids of the NPDES permit. The
facility, a ready-mix concrete producer located in
Tallahassee, Florida, discharged from 5,000 to 10,000
of wastewater per day for a total of 409 days of
violations. In June 1993, the facility ceased operations
and sold the property.
Tennessee Department of Transportation (TDOT)
(Spring City, Rhea County, Tennessee): respondent
channelized approximately 700 feet of stream bed and
impacted 2 acres of adjacent wetlands during
construction of an interchange, respondent was
required to pay a penalty of $ 10,000 and to perform
stream restoration. In addition, respondent was
required to develop and produce an in-house training
course on wetland identification and Section 404
regulatory procedures to be approved by EPA. The
course will utilize trainers from the Tennessee
Department of Environment and Conservation, U.S.
Army Corps of Engineers, U.S. Fish & Wildlife
Service, and EPA. TDOT was also required to
develop, publish and distribute 500 copies of a wetland
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brochure to the public. The brochure was developed
through the joint review of the Tennessee Department
of Environment and Conservation, the Tennessee
Wildlife Resource Agency, and TDOT, and contained
general wetland permitting information and permitting
contacts in the State of Tennessee. TDOT has been
guilty of several wetland violations and the training
requirements of this penalty action were targeted at
halting future infractions.
EPCRA
State Industries, Inc (Ashland City, Tennessee): On
July 1,1996, Region IV filed an Administrative
complaint assessing penalties of $701,556 against State
Industries, Inc., of Ashland City, Tennessee, for
violations of the Emergency Planning and Community
Right to Know Act (EPCRA). and the Comprehensive
Environmental response, Compensation and Liability
Act (CERCLA). Of the 64 Counts in the complaint, 58
are violations of EPCRA § 313's Toxic Release
Inventory (TRI) requirements by State Industries. The
case is part of the Headquarter's EPCRA 313 Initiative.
FDFRA
Aery-Tech Coatings, Inc.; Insecta Sates, Inc., and
Council-Oxford, Inc.: Three additional complaints
were filed in the region involving failure of the
companies to have Worker Protection language on the
labels. All three companies are now in compliance and
agreed to pay penalties of $3,920, $5,900, and $4,900.
UCB: UCB failed to file with the EPA Office of
Pesticides programs an amended label containing
Worker Protection language on their product "Ziram
Granuflo." Additional label misbranding counts in the
complaint were for failure to have directions for use,
failure to have storage and disposal statements, failure
to have precautionary statements, and the use of an
incorrect EPA Establishment Number on the label of
the pesticide. A count for failure to file a report was
also included hi the complaint A total of over 250,000
pounds of "Ziram Granuflo" was released in the
channels of trade. UCB recalled the unlabeled material
and placed the corrected labels on the containers. This
"Danger" toxicity fungicide is primarily used on
almonds in California. This action involved inspectors
in California and EPA Region IV. A penalty of
$304,725 was assessed.
RCRA
Crown Central Petroleum (Crown, Georgia): On ,
September 30,1996, a complaint and Compliance
order was issued pursuant to Section 3008(a) of RCRA
to the Crown Central Petroleum facility (Crown) in
Columbus, Georgia. Crown, a bulk petroleum storage
facility, was discovered discharging hazardous waste
(DO 18) directly onto the ground at the facility. EPA
alleges that Crown is in violation of failing to make a
hazardous waste determination and disposing of
hazardous waste without a permit A penalty of $
239,000 was assessed in the complaint
DOE's Oak Ridge Facility (Tennessee): Region IV
reached settlement with Lockheed Martin Energy
Systems for failure to adequately inspect hazardous
waste tank systems in one area at DOE's Oak Ridge
Tennessee facility. The RCRA consent agreement and
consent order imposes a $22,500.00 penalty for
improper inspection procedures. The facility now
properly performs the tank inspections. The facility
originally noted the violation during a Martin Marietta
internal audit conducted in June of 1994 and the DOE
Inspector General's Office discovered it to still be a
problem in January 1995.
Everwood Treatment Co., and Cory W. Thigpen: On
September 30,1996, the Environmental Appeals
Board (EAB) reversed the Presiding Officer's
determination that Everwood's disposal of hazardous
waste without a permit or without complying with the
Land Disposal Restrictions posed a minor potential for
harm. In the original decision, the Presiding Officer
concluded, in part, that due to the lack of established
actual harm to the environment a minor potential for
harm occurred, and assessed a penalty of $59,700.
Region IV appealed on grounds that EPA's assessed
penalty of $497,500, calculated using the 1990 RCRA
Civil Penalty Policy, was based on a major potential for
harm that includes both risk of exposure and harm to
the regulatory program. In the Final order, the EAB
agreed with EPA's violation classification, and assessed
a penalty of $273,750, including a 25% upward
adjustment for willful noncompliance that EPA
included in the proposed penalty.
Flanders Filters site (Washington, North Carolina):
On January 2,1996, Region IV signed an
administrative order on consent with Flanders Filters,
Inc., which requires Flanders Filters to perform a
Remedial Investigation/Feasibility Study at their facility
in Washington, North Carolina. Flanders Filters, Inc.
has been the only industrial operation on this property.
Flanders Filters manufactures high efficiency, boro-
silicate glass micro-filters and air filter framing
systems. The "Expanded site Inspection Report" was
prepared in August 1993. This report documented the
presence of arsenic, chromium, copper, nickel, zinc,
bis(2-ethylhexyl)phthalate, and pyrene in elevated
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concentrations in surface soils around the drum storage
area, the spray field, and along the drainage pathway to
Mitchell Branch. This report also substantiated the
presence of chromium, copper, and zinc above
background levels in the surface water. No compounds
of concern were identified in a nearby private well. In
February 1995, Flanders Filters sampled the existing
monitoring wells located around Spray Field #2. The
test results found the following contaminants above
background levels for groundwater or in exceedence of
North Carolina's groundwater standards: 1,1-
dichloroethane, 1,1-dichloroethene, methylene
chloride, ammonia nitrogen, total organics carbon,
aluminum, manganese, sodium, zinc, and sulfate.
Therefore, the site was identified as a NPL-caliber site
which encouraged Flanders Filters to enter into the
administrative order on consent to conduct the
Remedial Investigation/Feasibility Study.
Fort Campbell: On February 16,1996, the Army's
101st Airborne Division (Fort Campbell) in Fort
Campbell, Tennessee and Kentucky, entered into a
CACO with EPA, agreeing to pay a $ 54,500 penalty
for violations of RCRA. These violations included
failure to make a hazardous waste determination and
numerous hazardous waste storage violations. Several
months later, on September 26,1996, EPA issued
another Compliant and Compliance order against Fort
Campbell assessing a $ 48,700 penalty for violations of
RCRA similar to those addressed in the February 1996
CACO. These recurring violations were discovered in
an inspection conducted after the finalization of the
CACO.
Memphis Depot Defense Logistics Agency's
(Memphis, Tennessee): Region IV issued a
Compliant and Compliance order assessing a $20,000
penalty against The Defense Logistics Agency's
Memphis Depot in Memphis Tennessee for RCRA
violations. The facility violated the conditions of its
permit by improperly storing incompatible wastes,
creating potentially dangerous conditions. Local
citizens have raised Environmental Justice issues about
this facility.
University of North Carolina - Chapel Hill: In
September 1996, EPA issued a RCRA § 3008(a)
Compliant and Compliance order to the University of
North Carolina - Chapel Hill (UNC) for violations of
its hazardous waste storage permit, and for hazardous
waste storage violations at several other locations
throughout the campus. In the complaint, EPA
assessed a penalty of S 80,724, including a 25%
upward adjustment for UNC's history of
noncompliancc. This action arose from a concern of
trends of noncompliance at colleges and universities
across the nation.
Precision Fabricating and /Cleaning Company
(PFQ: In September 1996, EPA issued a Unilateral
administrative order to Precision Fabricating and
Cleaning, Inc., of located in Cocoa, Florida. The UAO
was issued under the authority of Section 7003 of
RCRA and Section 1431 of the Safe Drinking Water
Act. PFC posed an imminent and substantial
endangerment to human health and the environment by
allowing groundwater contaminated with
trichloroethylene and its degradation products to affect
private wells and migrate into the Indian River, The
EPA combined RCRA/SD WA emergency order has
provided to support the State's ongoing efforts to
address the serious problems associated with these
releases from the facility. The issuance of the
emergency order is expected to achieve the following
results: (1) completion of a well survey that would
allow for proper notification to all residents affected by
the groundwater contamination; (2) water quality
sampling; and (3) requires groundwater remediation
and an assessment of discharge of contaminated
groundwater into the Indian River.
Safety Kleen Corporation (SmtihfieU, Kentucky):
Safety-Kleen Corporation operates a hazardous waste
storage and recycling facility located in Smithfield,
Kentucky. On September 30,1996, EPA issued a
complaint and Compliance order, pursuant to Section
3008(a) of RCRA, requiring Safety-Kleen to pay a
penalty of $73,748 for violations resulting from RCRA
inspections conducted by EPA and the Commonwealth
of Kentucky on June 27,1995, and January 24,1996.
The violations included treatment of hazardous waste
without a permit, failing to meet the requirements for
.hazardous waste container storage areas, and failing to
conduct and document inspections of hazardous waste
storage areas.
Stone Container Corporation: On September 4,
1996, EPA issued an administrative order pursuant to
RCRA Section 3013 of RCRA to Stone Container
Corporation in Panama City, Florida, requiring the
facility to conduct sampling and analysis of potentially
contaminated media at the site. Under the RCRA
§3013 order, the company is directed to conduct site
sampling and analysis at die facility, including dioxin
analysis. If Stone does not comply with the order, EPA
can conduct the sampling and dioxin analysis and later
recover the cost of EPA's efforts from the facility.
Taylor Road Landfill site (HUlsborough County,
Florida): As a result of Region IVs emphasis on de
minimis settlements, the Region IV Settlement Team
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put together a de minimis settlement that the Agency
believes is fair to both major PRPs and de minimis
PRPs. PRPs that contributed 1% or less of waste to the
site were sent de minimis settlement offers. Consistent
with the Agency's new de micromis policy, we
removed parties from the PRP list that contributed
.002% of waste or less at the site. Those PRPs that
sent greater than 1% of the waste at the site were sent
special notice letters to negotiate an RD/RA consent
decree. We are currently wrapping up negotiations
with these parties.
On My 22,1996, the Agency sent de minimis offers to
71 de minimis PRPs. 32 of these parties accepted
EPA's offer and signed the de minimis settlement This
settlement was signed by the Region on September 18,
1996, and concurred on by DOJ. It was published in
the Federal Register for a 30 day public comment
period on October 30,1996. The public comment
expires November 29,1996. The total recovery from
the de minimis settlement will be $287,340.44. These
funds will be applied to offset EPA's past costs at the
site which total $ 1,408,782.00. The remaining past
costs, less an orphan share, will be paid by the major
PRPs under the terms of a consent decree.
U.S. v. Waste Industries, Inc., et aL: On April 3,
1996, the U.S. District Court for the Eastern District of
North Carolina entered the Final consent decree in
Waste Industries. The Final consent decree requires
defendants to perform an additional three years of
groundwater monitoring at Flemington Landfill to
ensure the decline in contamination continues, and
requires the defendants to reimburse the United States
for past costs associated with the Flemington Landfill.
The United States filed its complaint in this matter on
January 11,1980, pursuant to Section 7003 of RCRA,
seeking injunctive relief to abate an imminent and
substantial endangerment resulting from the disposal of
solid or hazardous waste at the Flemington Landfill site
(the site). On August 5,1987, a Partial consent decree
was entered by the District Court, requiring the
defendants to conduct a complete assessment of
groundwater contamination in and around the site, and
to make a recommendation to EPA regarding the
necessity for groundwater remediation. The defendants
completed their study on May 2,1989, and EPA
reviewed the results and issued a Final Decision
Document, dated June 29,1995, concurring with the
defendants' recommendation that no further
groundwater remediation is necessary. DOJ lodged the
Final consent decree on January 19,1996. No
comments were received during the public comment
period.
The Final consent decree requires the defendants to
monitor groundwater at the site for a period of three
years. The defendants will also reimburse the United
States for past costs associated with groundwater
sampling at the site in the amount of $ 175,000.
Worsley Companies, Inc.: The UST Section
negotiated a final consent agreement as settlement of a
consolidated administrative enforcement action against
Worsley Companies, Inc., Worsley Oil Company of
Wallace, Inc., and Worsley Oil Company of
Elizabethtown, Inc. for violations of the Underground
Storage Tank (UST) provisions of the Resource
Conservation and Recovery Act (RCRA). The
Administrative Compliance and complaint orders
alleged a range of violations including the failure to
notify proper authorities of the existence of USTs,
failure to comply with tank and piping release detection
requirements, and failure to comply with the
requirements to investigate and confirm releases.
Under the terms of the consent agreement and consent
'order, the Companies have agreed to pay a civil penalty
of $199,325 to the United States Treasury, correct the
violations, implement a comprehensive environmental
compliance policy, and perform three Supplemental
Environmental Projects (SEPs). The civil penalty is
the largest penalty settlement for EPA's UST program
nationwide.
SDWA
Iris Court Apartments: The Drinking Water Program
issued an administrative order to Iris Court
Apartments, located in Hillsborough County, for failure
to monitor and report for coliform bacteria, and for
failure to notify persons served by the system of it
failure to monitor. Iris Court was the only drinking
water significant noncomplier in Region IV referred to
EPA by a State in FY 96 for federal enforcement The
administrative order provided support to the State's
efforts to achieve system compliance. Consequently, in
addition to acting to comply with the Federal order, the
water system entered into a consent agreement with
FDEP which includes payment of an assessed penalty
of$l,560.
TSCA
Gray KB site (HopkinsviUe, Kentucky): The City of
Providence, Kentucky, and General Waste, Inc.,
entered into an AOC for past costs based on the Ability
to Pay Determinations done by the Region. During
settlement negotiations with the City of Providence,
EPA probed the city's revenue resources and were
convinced that the city had limited cash on hand,
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FY1996 Enforcement and Compliance Assurance Accomplishments Report
restricted taxing abilities, and were heavily indebted.
While, the General Waste provided financial
documentation to the Region that displayed restricted
funds available for payment of past costs. Both AOCs
are settlements of $25,000 in two payments of
$12,500. The time period for payment is one year for
the city of Providence and for two years for General
Waste, Inc. Total past costs at this Removal site are
$550,000.00.
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REGION V
CLEAN Am ACT
Abitec Corporation (Columbus, Ohio): In September
1996, U.S. EPA and ABITEC Corporation of
Columbus, Ohio executed an Administrative consent
order (AO) and a consent agreement and consent order
(CACO). The AO and the CACO resolve alleged 1993
violations of the Clean Air Act by ABITEC's coal-fired
boilers. The AO requires ABITEC to periodically test
the coal-fired boilers until replacement gas-fired units
are installed and in use. As required by the CACO,
ABITEC paid a penalty of $135,000. The ABITEC
Corporation is a vegetable-oil processing facility in
Columbus, Ohio. The facility has been using three
coal-fired boilers that were installed before 1950, to
generate the steam required in the oil-refining process.
In a stack test of ABITEC boilers 1,2, and 3 in 1993,
resulting particulate emissions were found to exceed
the limit specified in the permit for these boilers. In
addition, opacity readings obtained during stack testing,
as well as COM readings during operation of the
boilers, were found to exceed the permit limits.
Consequently, U.S. EPA issued Notices of Violation to
ABITEC in 1993 and in 1994.
ABITEC representatives and U.S. EPA agreed to
execute orders requiring ABITEC a) to install within
four years gas-fired units to replace the coal-fired
boilers, b) to conduct periodic testing of its coal-fired
boilers, in order to determine continued compliance
with particulate emission limits, and c) to pay the
government a penalty of $135,000. ABITEC may
terminate the administrative order anytime by
permanently terminating energy production at the
facility, after providing due notice to U.S. EPA.
B.F. Goodrich Company (Henry, Illinois): This case
involved violations of the vinyl chloride National
Emission Standard for Hazardous Air Pollutants, 40
C.F.R. Part 61, Subpart F, at a polyvinyl chloride resin
manufacturing plant located in Henry, Illinois. During
the time period of the violations, the facility was owned
and operated by the B.F. Goodrich Company
(Goodrich) and is now owned by The Geon Company
(Geon). Vinyl chloride is a Group A carcinogen that
when inhaled, has been linked to cancers of the liver,
brain, lung, and digestive tract in humans.
U.S. EPA first began to uncover Goodrich's violations
during a May 1992, Federal inspection. U.S. EPA later
determined the full nature and extent of the violations
after requesting and receiving information from
Goodrich and Geon. U.S. EPA determined that
Goodrich had: failed to properly test for and report to
the regulatory agencies of vinyl chloride emissions
from its "dispersion" resin process from January 1989,
to August 20,1991; discharged excess emissions of
vinyl chloride to the air in amounts up to two times the
allowable standard from the dispersion resin process on
135 days from January 1989, to August 20,1991;
discharged excess emissions of vinyl chloride to the air
in amounts up to four times the allowable standard
from the "suspension" resin process on 10 days during
the Summer of 1992; and had preventable releases of
vinyl chloride from equipment on July 26,1989, and on
June 29,1990. To correct these violations, Goodrich
implemented several equipment and process changes at
the facility.
U.S. EPA and DOJ informed Goodrich and Geon of the
alleged violations in the Spring of 1994, and provided
Goodrich and Geon an opportunity to negotiate
settlement prior to filing a civil complaint After
settlement was reached, a civil complaint and a consent
decree were simultaneously filed on March 29,1996.
The final consent decree was entered on July 3,1996,
and on August 1,1996, Goodrich paid the required
penalty of $450,000.
Countrymark Cooperative (Mount Vernon,
Indiana): On May 30,1996, U.S. EPA and
Countrymark Cooperative, Inc. (Countrymark), entered
into a consent agreement and consent order settling an
enforcement action against Countrymark's petroleum
refinery located in Mount Vernon, Indiana. The
Administrative complaint filed against Countrymark on
January 28,1994, alleged violations of Federal sulfur
dioxide emission testing and monitoring requirements
at a process heater in the refinery. The settlement
requires Countrymark pay a $32,000 cash penalty and
perform a supplemental environmental project (SEP)
that will reduce volatile organic compound (VOC)
emissions from the refinery by approximately 56
tons/year. It is estimated that the SEP will cost
Countrymark $250,000. Countrymark is located in an
ozone attainment area The SEP Countrymark has
agreed to undertake involves installing VOC emission
controls required by Indiana's SEP for refineries in
ozone non-attainment areas.
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Fort Howard Corporation (Green Bay, Wisconsin):
On July 15,1992, U.S. EPA, Region V, issued a
Finding of Violation to Fort Howard Corporation,
Green Bay, Wisconsin. Fort Howard was cited for
violating Federal sulfur dioxide limits found in the New
Source Performance Standards (NSPS). Specifically,
Fort Howard was found to be in violation of the NSPS
for Fossil-Fuel-Fired Steam Generators for one of its
power boilers. Fort Howard's boiler #8 was permitted
to operate with a heat input rate of less than 250
MMBTU/hour. Information provided to WDNR on the
sulfur and heat content of Fort Howard's coal indicated
that emissions were more than four times the NSPS
allowable level.
In August 1993, Region V referred the Fort Howard
case to the Department of Justice (DOJ). On May 28,
1996, a consent decree was entered. Fort Howard
agreed to permanently derate the boiler, accomplished
by restricting the fuel feed rate and feed capacity, to
operate at a heat input below 235 MMBTU/hour, in
any hour of operation. The consent decree also requires
Fort Howard to pay a penalty of $350,000.
Georgia-Pacific Corporation (Gaylord, Michigan):
On May 10,1996, as part of a significant national
enforcement case against Georgia-Pacific Corporation
(G-P), the State of Michigan entered into a settlement
with G-P that addressed violations of the Clean Air Act
at its Gaylord, Michigan plant Specifically, Michigan
cited violations of the federal Prevention of Significant
Deterioration (PSD) rules and State permitting
requirements for modifying its plant processes without
first obtaining appropriate construction permits. As a
result of this settlement, G-P paid to Michigan a civil
penalty of $700,000. The State also secured a
commitment from G-P to install air pollution controls
on its wood chip dryers and hot press to reduce
emissions of volatile organic compounds (VOCs).
Emissions could be reduced as much as 500 tons per
year. The final deadline for installing all controls is
October 1,1997. Although the Gaylord plant was cited
in a national Notice of Violation issued by the Office of
Enforcement And Compliance Assurance, Air
Enforcement Division, on August 5,1994, it was
ultimately not included in the national settlement
reached with G-P because of the State lead in resolving
the violations in Gaylord. Even though the State was in
the lead, U.S. EPA was a direct participant in the
negotiations with G-P.
The settlement also addressed violations associated
with particulate matter from the plant's pre-dryer,
which Region V had cited in its Notice of Violation
issued July 15,1992, and referred to the Department of
Justice on September 25,1992. U.S. EPA deferred to
the state settlement, which addressed federal concerns
for both VOCs and particulate matter emissions, and
complied with U.S. EPA's civil penalty policy. This
case is an excellent example of what can be
accomplished for the environment through effective
state/federal partnership.
Heekin Can Inc. (Alsip, Illinois): This case involved
violations of the volatile organic material (VOM)
emission test requirements under the Federal revisions
to the Illinois State Implementation Plan for ozone
(Federal Implementation Plan or FIP). The violations
occurred at a can coating/printing facility located at
12701 South Ridgeway Avenue, Alsip, Illinois, which
is a non-attainment area for ozone and also an
Environmental Justice area. During the time period of
the violations, the facility was owned and operated by
the Heekin Can Company, Inc. (Heekin) and is now
owned and operated by the Ball Metal Food Container
Corporation. U.S. EPA initiated this case by issuing a
Notice of Violation against Heekin on September 27,
1991, for failure to submit a certification of or
exemption from compliance with the coating emission
limitations set forth in the FIP. Heekin later submitted
a certification of compliance which consisted of results
of destruction efficiency testing performed on the
coating lines' VOM control devices (incinerators).
On September 4,1992, U.S. EPA filed an
Administrative complaint against Heekin for failure to
submit a timely certification. In the meantime, U.S.
EPA determined that Heekin had failed to perform the
destruction efficiency testing on Heekin's coating lines'
incinerators in accordance with the required test
methods and procedures in the FIP. U.S. EPA issued a
second NO V to Heekin on December 31,1992,
alleging that the destruction efficiency tests, on which
Heekin's late certification was based, failed to conform
to the required test methods and procedures.
In March 1993, U.S. EPA discovered that the
requirement to certify under the FIP, which constitutes
an information collection request under the Paperwork
Reduction Act (PRA), failed to display the Office of
Management and Budget control number in the Federal
Register and in the Code of Federal Regulations, as
required by the PRA. U.S. EPA therefore determined
not to seek penalties for the late certification violation
but proposed to amend the complaint to address
Heekin's failure to test in accordance with the test
methods set forth in the FIP. The pled penalty
increased from $26,000 to $55,000.
On October 29,1993, U.S. EPA filed a motion to
amend the original administrative complaint. Heekin
finally completed proper testing required by July 1,
May 1997
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1991, in March of 1994. In March of 1995,
Administrative Law Judge Head granted U.S. EPA's
motion. This ruling was significant because it upheld
U.S. EPA's position that penalties can be sought for
violation of a substantive requirement, and the testing
requirements of the FIP are substantive. The amended
complaint was filed April 18,1995.
On May 24,1996, U.S. EPA and Heekin entered into a
consent agreement and consent order in settlement of
the complaint. Heekin has since paid the required
penalty of $37,500.
Rockwood Stone, Inc.(Newport, Michigan):
Rockwood Stone, Inc. operates a Dolomite/Limestone
Processing and Crushing Plant. The company installed
and operated a seven foot crusher, two five foot
crushers, several screens and many conveyors without
first obtaining the necessary permit to install, in
violation of the applicable rules of the Michigan State
Implementation Plan. The Company also emitted
fugitive dust (particulate matter) from its facilities in
excess of the allowable limit of Federal Prevention of
Significant Deterioration requirements. According to a
study performed by the company, the Total Suspended
Particulate emissions for the quarry and processing
plant were calculated to be 660 tons per year. The
total PM10 emissions for the quarry and processing
plant were calculated to be 403 tons per year. The State
and the company negotiated a compliance plan which
addressed these violations and included a Fugitive Dust
Control Plan. A consent order was proposed by the
Michigan Department of Environmental Quality which
included a schedule for implementation of the plan.
However, although the Company did negotiate the
terms of the order, it refuged to consent to the final
order.
On July 21,1995 the U.S. EPA issued a request for
information under section 114 of the Clean Air Act in
order to collect the necessary information to support a
Federal action for the proper resolution of the case.
This Federal presence made the company to resume
negotiations with the state of Michigan so that the
issues would be resolved with no intervention of the
U.S. EPA. The order was finalized and placed for
public comment However, after the public notice, the
Company delayed signing the Final order until the U.S.
EPA intervened once again and prepared a Notice of
violation. Under this new Federal presence the
company signed the Final order and hand delivered it to
the Michigan Department of Environmental Quality
(MDEQ). On February 26,1996 the MDEQ issued the
Final order consent agreement to Rockwood. The
Company has obtained the required permit to install
and has committed to a Fugitive dust control plan,
which will eliminate the emissions of fugitive dust.
The Company also agreed to pay a penalty of $70,000
to the state of Michigan.
USX (Indiana): In April 1996, IDEM announced an
administrative agreement with USX requiring $ 190
million in environmental improvements targeted to
reduce air emissions from its Gary Works facility by
14,800 tons per year by September 1997, and also
requiring USX to pay a $6 million fine. The agreed
order settles air pollution violations at the blast furnace,
coke battery, and other Gary Works operations.
Specific projects that will be implemented include: An
emissions control project at the sinter plant to reduce
particulates by 70%, and sulfur dioxide by 80%
(estimated value $30 million); an emissions control
project at the sinter plant to reduce particulates by
70%, and sulfur dioxide by 80% (estimated value $30
million); and a new coke plant waste water treatment
plant, to eliminate the use of contaminated wastewater
for coke quenching (cooling) (estimated value $37
million).
These projects will allow Lake County to continue to
meet air quality standards for particulate matter, and
reduce the amounts of ozone producing emissions from
the Gary Works.
CERCLA
Conservation Chemical Company of Illinois, Inc. site
(Gary, IN): The EPA's site assessment documented
several imminent and substantial threats to the
environment at the CCCI site. EPA identified twelve
non-empty deteriorating tanks containing acids and
solvents; a number of corroded empty tanks with acid
and caustic residue; a number of drums containing
'acids and caustic liquids; a number of empty drums
with acid and caustic residue; soil contaminated with
hazardous substances; lagoons/sludge pits containing
hazardous substances; 5000 cubic yards of PCB-
contaminated soil; five uncontrolled packs containing
laboratory chemicals; 20 cubic yards of asbestos-
containing materials; contaminated waste oils; and
contaminated groundwater. Analytical testing of waste
samples taken during that site investigation revealed
the presence of hazardous substances and hazardous
wastes on-site.
EPA issued a General Notice of Potential Liability for
the CCCI site to over two hundred Potentially
Responsible Parties (PRPs), including the
owner/operator of the site and a number of generators.
On August 30,1996, EPA entered into a final de
minimis settlement with 153 de minimis PRPs at the
CCCI site. Under the administrative order on consent
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for that de minimis settlement, the settling parties
agreed to make settlement payments that included each
settling party's fair share of the past and estimated
future response costs at the site, plus a premium
assessed against estimated future response costs to
account for potential cost overruns, the potential for
failure of the selected response action to clean up the
site, and other risks.
Sanitary Landfill Company Superfund site
(Moraine, OH): The Sanitary Landfill Company
(IWD) Superfund site is a 53-acre property that was
proposed for inclusion on the National Priorities List
("NPL") on October 15,1984. U.S. EPA placed the
site on the NPL on June 10,1986.
U.S. EPA, the Ohio EPA, and a group of potentially
responsible parties (PRPs) entered into a three-parry
administrative order by consent (AOC) for
performance of the RI/FS, effective December 16,
1987. The PRPs formed a group called the Cardington
Road Coalition (CRC).
During 1989 and 1990, the CRC conducted the RI. A
final RI was approved by the Agencies on January 10,
1992, and the FS was completed on November 12,
1992. The Regional Administrator issued a Record of
Decision ("ROD") on September 27,1993, which
selected the appropriate remedial action for the site.
The Agencies entered into a three-party AOC for
Remedial Design of the remedy with a group of PRPs
00 June 6,1994. This group consisted of the CRC plus
TRW, Inc. and Waste Management of Ohio. This
group performed the remedial design activities and the
SSI in accordance with the AOC. On January 25,
1996, EPA issued an Explanation of Significant
Difference in which the Agency concluded that phase n
of the SSI was unnecessary and that no further analysis
of the SSI was necessary.
The ROD estimated that the cost of the remedy was $8
million. The cost of U.S. EPA oversight
U.S. EPA initiated negotiations for the Remedial
Action ("RA") on August 16,1995, upon issuance of
"special notice" to potentially responsible parties
pursuant to CERCLA § 122(e).
Negotiations ensued, leading to a F Y 96 consent
decree. Thirty-one municipalities [The municipalities
are all members of the Montgomery County Solid
Waste District ("MCSWD"). The MCSWD operated
an incinerator, -which sent excess municipal waste to
the land/ill. Some of that waste contained commercial
or industrial waste containing hazardous substances,}
The defendants will pay $60,000 of the Agency's
oversight costs within 30 days of entry of the decree
and they will pay 50% of the remaining oversight costs.
The PRPs who have decided to participate in this
settlement fall into one of two categories. The "Settling
Defendants" have agreed to perform the work and to
pay the oversight costs as discussed above. The
"Premium Settling Defendants" are those generator
PRPs who had a total waste contribution of less than
.5% of the total waste at the site and who elected to pay
a premium to the Settling Defendants and receive a de
minimis settlement.
CLEAN WATER ACT
Hammond Industries (Hammond, Indiana): On
September 17,1996, U.S. EPA and IDEM jointly
announced a Clean Water Act settlement between the
governments and a number of industries in the
Hammond, Indiana area. This case was brought as part
of the continuing effort to address the contamination of
the Grand Calumet River, and to curtail existing
sources of pollution. The settling defendants include:
American Maize Products Company (now known as
Cerestar USA, Inc.), Lever Brothers Company, and
Ferro Corporation (Keil Chemical Division). The
consent decree will require remedial and restoration
work in the Grand Calumet River through a trust fund
that will be established with payments of $4.7 million
($4.1 million in direct payments made as injunctive
relief, and $600,000 in penalties paid to the State that
the State will place into the Fund).
Leggett and Platt (Grafton, Wisconsin): On Monday,
April 1,1996, a consent decree was entered in the
Milwaukee Federal court with Leggett & Platt,
concerning their Grafton, WI, facilities(2). A penalty
of $450,000 was stipulated in the decree based on four
years of reporting failures and exceeding the Federal
Pretreatment standards for the Metal Molding and
Casting industry. Also, the company agreed in the
consent decree not to discharge process wastes to the
Grafton POTW. As a result of this stipulation the
company started a water recycle system in April, 1995,
with several levels of plant water cleanliness. After
several months of experimentation the company
observed that the recycle system had a two-year payout
due to the reduction of the use of plant lubricants. The
yearly savings were in excess of $50,000/year.
Therefore, there was no economic benefit available for
recovery.
LTV Steel (East Chicago, Indiana): Outside of some
minor additional sediment cleanup work being done
around the perimeter of the LTV Steel No.2 Intake
Flume, this sediment project was completed September
May 1997
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6,1996. The preliminary estimate on the total amount
of sediment removed is 112,000 cubic yards at a cost of
approximately $12 million.
The significance of this project is that it is the first
sediment removal project in the Indiana Harbor
Canal/Grand Calumet River system to be completed
that has removed a significant amount of ancient (pre
1975 deposited) contaminated sediment from the river
system within recent years. The LTV Steel No.2 Intake
Flume was identified by the U.S. Coast Guard in recent
litigation as a vehicle and source for oil pollution
reaching some of the beaches along the southern shore
of Lake Michigan. The removal of all of the
contaminated oily sediment in the LTV Steel No. 2
Intake Flume, as a result of the sediment clean up
program in the flume, should help reduce the total
amount of oily pollutants entering southern Lake
Michigan and help meet some of the objectives of the
International Joint Commission.
U.S. v. Sanitary District of Hammond etal: The
United States' and the State of Indiana's settled Clean
Water Act pretreatment claims against Defendants
American Maize Products Company (now known as
Cerestar USA, Inc.), Lever Brothers Company and
Ferro Corporation (Keil Chemical Division) in the case
of United States v. Sanitary District of Hammond et
al. This case was brought as part of a continuing effort
to address the profound contamination in the Grand
Calumet, tributary to Lake Michigan and Northwest
Indiana. The Grand Calumet River flows through this
highly industrialized and economically depressed area
and is one of the most polluted waterways in the
country. Hammond is located on the West Branch of
the river, where sewage sediments have accumulated in
depths of up to 16 feet
The sealing defendants are indirect dischargers that
send their waste water to the Hammond Sanitary
District, which in turn discharges directly to the West
Branch of the Grand Calumet River. The complaint
alleged that the industries violated a variety of federal
and local pretreatment standards that govern their
discharges to the District and that are federally
enforceable under Section 307(a) of the Clean Water
Act, and that these violations have resulted in sediment
contamination in the severely polluted West Branch of
the Grand Calumet River. The United States sought
three types of relief against the industries: (1) penalties
pursuant to Section 309(b) of the Clean Water Act; (2)
prospective injunctive relief consisting of plant
improvements and future compliance with the Clean
Water Act; and (3) cleanup of the contaminated
sediments in the West Branch of the Grand Calumet
River under the authority of Section 309(d) of the
Clean Water Act and Sections 10 and 13 of the Rivers
and Harbors Act. The use of these statutory authorities
to compel sediment cleanup is unprecedented.
The vehicle used in the consent decree for performing
remedial and restoration work in the river is the Grand
Calumet River Restoration Fund ("Fund"), a trust that
will be established with payments of $4.7 million under
the consent decree ($4.1 million in direct payments
made as injunctive relief, and $600,000 in penalties
paid to the State that the State has agreed to place into
the Fund).
Southern Ohio Coal Company: On March 22,1996
a complaint and consent decree which settles the
United States' case against Southern Ohio Coal
Company (SOCCO) were filed in Federal court. The
consent decree requires full restoration of the streams
affected by SOCCO's discharge of a billion gallons of
acid mine drainage, extensive biological and chemical
monitoring and reporting by SOCCO during and
following the restoration efforts, the payment of a
$300,000 penalty, $240,200 in payments to U.S. EPA
and DOI to cover the costs of monitoring, field and
laboratory work incurred by the government,
$ 1,900,000 into the Leading Creek improvement fund
which was created by the decree to finance projects to
enhance leading Creek over and above the restoration
efforts, and $100,000 to the State of West Virginia for
projects to benefit the Ohio River. SOCCO will also
spend an estimated $500,000 to develop a plan for
implementing the Leading Creek improvement fund,
and is expected to spend an additional $ 1,000,000 on
its monitoring efforts.
US. Steel: In June, 1996, U.S. EPA held a public
meeting announcing that USX and U.S. EPA had
worked out in principal, via a draft consent decree, the
terms of a Grand Calumet River (GCR) sediment
remediation project plus an upgrade of water pollution
abatement equipment at the USX Gary Indiana plant.
The sediment remediation portion of the draft consent
decree calls for the removal of all of the contaminated
GCR sediment, identified as non-native soils, in the
upper five (5) mile stretch of the GCR. Approximately
700,000 cubic yards of contaminated sediment costing
about $50 million will be removed; USX will pay for
all work. Companion consent decrees are under
negotiation with the RCRA program and with the
Natural Resource Trustees for associated issues.
EPCRA
USX Corporation: On September 27,1996, U.S.
EPA Region V simultaneously issued and settled an
enforcement action against USX Corporation's Gary
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Works for violations of Section 313 of the Emergency
Planning and Community Right-to-Know Act in 1991,
1992, and 1993. This case was the result of a
combined effort between NEIC and the Region. USX
has now submitted 12 delinquent Fonn Rs to both the
EPCRA Reporting Center and to the State of Indiana,
and will pay the largest penalty ever collected by
Region V for EPCRA Section 313 violations--
$178,500. The case officer for WPTD was Bob Allen,
the ORC attorney was Tom Martin, and the NEIC
inspector was Martha Bennett
FEFRA
Chempace Corporation: On September 26,1996,
Region V PTES filed a civil administrative complaint
against Chempace Corporation of Toledo, Ohio
alleging 99 counts for the distribution or sale of
unregistered and misbranded pesticides, and pesticide
production in unregistered establishments, the total
proposed penalty in the complaint is $200,000. The
case is significant in that Chempace had, previous to
the complaint, canceled all of the company's pesticide
product registrations pursuant to Section 4 of FIFRA,
as well as their establishment registration pursuant to
Section 7. However, the company continued to
produce and sell those canceled pesticides in a facility
that was not registered.
Northrup King Co.: On September 30,1996, as a
result of a FIFRA inspection conducted by Region V on
March 27-28,1996, Region V issued a FIFRA civil
complaint to Northrup King Co. of Golden Valley,
Minnesota. The pesticide involved in the case is a
genetically engineered com seed that protects against
the com borer. Because this case is the first FIFRA
complaint involving a genetically engineered pesticide,
the case is nationally significant The complaint
alleged 21 counts of sale and distribution of an
unregistered pesticide, 21 counts for failure to file a
Notice of Arrival for pesticide imports, and 8 counts of
pesticide production in unregistered establishments, for
a total proposed penally of $206,500. A consent
agreement and consent order was filed simultaneously
with, and in resolution of the complaint The
respondent agreed to pay $165,200, which is the
largest penalty collected by Region V under FIFRA.
RCRA
Gary Development Company (Gary, Indiana): On
April 4,1996, a Decision and order was issued by
Administrative Law Judge Greene in the matter of Gary
Development Company (GDC), which was the subject
of a two-part hearing that concluded in December
1990. In a May 1986 complaint, Region V alleged that
GDC had operated a hazardous waste landfill without
complying with applicable requirements, including
ground-water monitoring and financial responsibility.
While GDC had asserted that it is a "sanitary landfill
for disposal of municipal and commercial waste", the
Decision holds GDC to have received hazardous
wastes for storage, treatment, or disposal, and is
therefore subject to hazardous Waste regulation under
RCRA and the Indiana Administrative Code. GDC has
been ordered to pay a penalty of $86,000 for failure to
comply with ground-water monitoring, financial
assurance, and preparedness/prevention requirements
for hazardous waste treatment, storage, and disposal
facilities. Also, the order grants all the injunctive relief
requested by U.S. EPA, including implementation of
closure, post-closure, and a ground-water quality
assessment program.
Ross Incineration Services, Inc. (Grafton, Ohio):
On May 30, Under the imminent hazard authority of
Section 7003 of RCRA, an administrative order on
consent was signed with Ross Incineration Services,
Inc. The order addresses concerns arising from an
explosion which caused extensive damage to the
incinerator on December 5,1995, as well as nine other
incidents which occurred over the previous two years.
In addition to placing strict limits on the operation of
the incinerator, the order requires Ross to hire a
consultant to conduct a Hazard and Operability
(HAZOP) Study, which is a rigorous analysis of the
facility's operations, processes and procedures. Ross
will be required to make improvements following U.S.
EPA's review of the study. The order also requires
Ross to conduct emissions testing after the
improvements have been made. After addressing
public comments, the order was finalized on September
30.
TSCA
Amoco Corporation (TSCA-V-C-10-93): On June 1,
1996, the Pesticides and Toxics Enforcement Section
and Amoco Corporation signed a consent agreement
and consent order in settlement of a TSCA civil
complaint EPA alleged that Amoco failed to provide
recipients of a chemical subject to a Section 5(e) order
with the required health effects warning labels and
material safety data sheets with prescribed language.
EPA proposed a penalty of $2,106,000, which was
reduced 50% for voluntary disclosure to $1,080,000.
As part of settlement, Amoco completed a SEP to
install water treatment feed tanks at a plant in Joliet,
Illinois, to replace two wastewater feed ponds. The
feed ponds collected wastewater containing a number
of toxic chemicals, allowing those chemicals to
evaporate or settle into the sediments. The project
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reduced air emissions by 200 tons per year and
eliminated the risk of sediment and groundwater
contamination. The project cost Amoco about $ 13
million. EPA reduced the penalty to $216,000 in
consideration for completion of the SEP.
Itochu International Corporation (5-TSCA-96-005):
On February 7,1996, the Pesticides and Toxics
Enforcement Section issued a civil complaint to Itochu
International Corporation, Bannockburn, Illinois 1996,
alleging that Itochu shipped quantities of a chemical
subject to a TSCA Section 5(e) order to four customers
without either labeling the chemical as to its health
hazards and precautionary measures or notifying the
recipients in writing that the substance was to be used
for research and development purpose only. EPA
proposed a penalty of $40,000.
Safety Kleen Corporation (5-TSCA-96-014): On
August 5, 1996, the Pesticides and Toxics Enforcement
Section issued a civil complaint to Safety Kleen
Corporation, East Chicago, Indiana alleging that Safety
Kleen imported for a commercial TSCA purpose
dozens of batches of a chemical not on the TSCA
Inventory and falsely certified to U.S. Customs at the
time of each import that the chemical was in
compliance with TSCA. EPA proposed a penalty of
$1,800,000.
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REGION VI
CLEAN Am ACT
United States v. Amoco Oil (Texas City, Texas):
NEIC conducted Phase I and Phase n of a multi-media
inspection of Amoco Oil's Texas City, Texas refinery in
January and March 1996. The company was found to
be in violation of the New Source Performance
Standards (NSPS) and National Emission Standards for
Hazardous Air Pollutants (NESHAP) of the Clean Air
Act(CAA). The case was referred to the U.S.
Department of Justice (DOJ) on September 30,1996.
The requested relief is a civil penalty and injunctive
relief requiring the facility to correct the violations.
United States v. Basis Petroleum, Inc. (Texas Cay,
Texas): In July 1993, the Texas Natural Resource
Conservation Commission (TNRCC) conducted an air
inspection of Basis' refinery in Texas City, Texas.
Several violations of the Clean Air Act discovered by
the TNRCC during this inspection were referred to
EPA Region VI in June 1995. In March 1994, EPA
Region VI conducted its own air inspection of the same
facility, during which additional violations were noted.
The case containing some of the state violations as well
as those found by EPA was referred to DOJ on
September 30,1996. There are five counts for
violations of NSPS and NESHAP. Region VI also
listed several areas of concern that warrant further
investigation and inquiry. The Region VI litigation
team has drafted a request to obtain additional
information. If additional violations are found, the
referral will be supplemented.
UnitedStates v. Elf Atochem North America, Inc.
(Beaumont, Texas): EPA Region VI conducted a
multi-media inspection of Elf Atochcm's Beaumont,
Texas facility on April 13,1995. Violations of the
CAA and the Texas State Implementation Plan (SIP)
were found. The case was referred to DO J on
September 24,1996, with five counts for violations of
NSPS and NESHAP. This case is a part of a
nationwide case being developed by the National
Enforcement Screening System team. The requested
relief is a civil penalty and injunctive relief requiring
the facility to correct the violations.
GNB Industrial Battery Company (Arkansas): GNB
failed to conduct initial performance test on several
"affected facilities" as required under 40 C.F.R. Part
60, Subpart KK New Source Performance Standards
for Lead-Acid Battery Manufacturing Plants at its Fort
Smith, Arkansas battery manufacturing plant After
notification from Region VI, the company conducted
the required performance tests. To settle the penalty
matter, GNB agreed to pay a civil penalty of $63,177
and to conduct a Supplemental Environmental Project
The SEP consists of the following: Installation of
fence-line ambient air monitors at the plant site to
detect lead and other emissions; installation of a high-
efficiency dust collection system to capture lead
emissions from 18 lead pots and their associated
crossing stations, and from 4 curing ovens; and
construction of a containment building for the plant's
lead oxide unloading facility. The SEP will reduce lead
emissions into the atmosphere. The SEP has been
valued at $384,669. Region VI has agreed to give
GNB a 3-for-1 credit for the SEP which was agreed to
under the 1991 SEP Policy.
Los Alamos National Laboratory (Los Alamos, New
Mexico): On June 13,1996 the Region VI
Administrator signed a compliance agreement between
EPA and the Department of Energy (DOE) regarding
noncompliance of the Los Alamos National Laboratory
(LANL) with National Emissions Standards for
Hazardous Air Pollutants (NESHAP), Subpart H,
Emissions of Radionuclides from DOE Facilities. The
agreement satisfied the noncompliance issues related to
exceedance of the emission standard and deficiencies in
stack monitoring designs and operations methods cited
in two Notices of Noncompliance issued by EPA in
1991 and 1992.
The agreement marked the end of a long negotiations
process that included the taking of public comments
and public meetings to explain the terms of the
agreement Negotiations were delayed while EPA
processed DOE's application for approval to utilize an
advanced and innovative single-point sampling device,
called the "shrouded probe" for collecting
representative samples of stack emissions. EPA
approved the shrouded probe for use at all DOE
facilities, as an alternative to multi-point sampling by
isokinetic probes, which are specified in the NESHAP.
Use of the shrouded probe allowed certain stacks at the
LANL facility to be brought into full compliance with
EPA requirements more quickly and with less
expenditure of resources.
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United States v. Lyondell Petrochemical Company
(Houston, Texas): On September 26, 1996, Region
VI requested that DOJ initiate a civil enforcement
action against Lyondell Petrochemical Company for
violating Section 112 of the CAA. The referred
NESHAP violations were identified during a
September 1992 EPA inspection of Lyondell's
petroleum refinery in Houston, Texas. The referral
proposes a civil penalty of $ 158,515, which Lyondell
has agreed to pay.
United States v.Sun Refinery (Tulsa, Oklahoma):
EPA Region VI has signed and submitted to the
Department of Justice a civil referral against Sun
refinery, Tulsa, Oklahoma. The referral is for
violations of the Clean Air Act and the Oklahoma SIP.
Specifically, the violations include five violations of the
NSPS and three violations of the federally enforceable
Oklahoma Air Pollution Control Regulations. EPA has
received several citizen complaints and congressional
inquiries regarding Sun. Two citizens' lawsuits have
been filed against Sun and a third is pending.
Additionally, the Oklahoma Department of
Environmental Quality has been working with EPA on
an investigation of Sun.
CERCLA
Bayou Bonfouca (Slidelt, Louisiana): A consent
decree with Kerf-McGee providing for recovery of
$20,000,000.00 was lodged on June 13,1996. This is
particularly important because, until two years ago the
region had not expected to be able to recover any of the
costs. In addition, suit has been filed against seven
other parties and it is expected that additional cost will
be recovered.
Bio Ecology (Grand Prairie, Texas): On March 29,
1996, the Court granted the United States summary
judgment against CTU Corporation, finding them liable
for costs related to the remediation of the Bio Ecology
site. Subsequently, the Region entered into an
agreement in principle with the remaining PRP
resulting in potential recovery of $2,600,000 and final
resolution of the case.
China Mines (Grant County, New Mexico): The
Region and Chino Mines entered into an administrative
order on consent for PRP reimbursement of costs
incurred assisting the State of New Mexico to oversee
remedial activities on June 11,1996. The site is a
State-lead voluntary cleanup pilot Under the original
agreement with the State, Chino had agreed to
reimburse the Region for providing assistance to the
State.
Hi'Yield (Commerce, Texas): On September 30,
1996, the Region entered into an administrative order
on consent with the Southern Pacific Transportations
Company and St. Louis Southwestern Railway
Company (both now merged with Union Pacific) for
conduct of a removal to address contamination on
railroad property adjacent to the Hi-Yield site. This
action will complete response activities in the
community and assures that the Region has agreements
to reimburse all site-related costs.
Highway 71/72 Refinery (Bossier City, Louisiana):
On July 31,1996, the Region issued a unilateral
administrative order to CanadianOxy requiring the
company to perform a removal action to address lead
contaminated areas of a residential development. The
company is complying with the order.
Lincoln Creosoting (Bossier City, Louisiana): On
November 21,1995, the Region and Joslyn entered
into an administrative order on consent for a non-time
critical removal action to address contamination in
residential areas affected by the Lincoln Creosoting
site. The cleanup was finished during the fiscal year.
Marco of Iota (Iota, Louisiana): The Region entered
into an administrative order on consent with de
minimis, de micromis and other parties for
reimbursement of costs incurred on June 5,1996. The
total amount of the settlement was in excess of
$1,000,000.00. A unique aspect of this settlement was
the use of limited alternative dispute resolution to
confirm allocation amounts.
Odessa Drum (Odessa, Texas): On May 23,1996,
the Region entered into two administrative orders on
consent resolving the liability of the PRPs. An
additional order was signed by the Region on August
21,1996. This settlements have a present value of
$4,419,281.10, and monies received will be placed in a
special account to fund the site remediation.
Pesses (Fort Worth, Texas): This removal action was
concluded with the entry of a consent decree for
recovery of $2,600,000.0 on July 12,1996.
Rob Valley (Panama, Oklahoma): The Region and
Joslyn Corporation entered into an administrative order
on consent for a non-time critical removal action on
March 8,1996. Under the AOC, Joslyn will perform a
response action to address contamination from a wood
treating facility.
Sheridan (Hempsted, Texas): A de minimis consent
decree for recovery of $32,160 from five parties was
entered by the Court on April 10,1996.
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South Eighth Street LandJW (West Memphis,
Arkansas): The Region and a group of generator
PRPs entered into an administrative order on consent
for the development of a remedial design on march 1,
1996. The remedial design will address contamination
from an oil re-refining business which was disposed of
in an unlicensed landfill on the bank of the Mississippi
River. This site is also an allocation pilot
Tex Tin (Texas City, Texas): In response to a claim
filed by Tex Tin Corporation against the United States
on may 10,1996, the Region filed a counterclaim for
costs related to site investigation, ranking and other
response activities against Tex Tin. As previously
noted, the site was also proposed for listing on the
National Priorities List
Texas Voluntary Cleanup Program agreement: A
voluntary cleanup program agreement was negotiated
with the State of Texas and assistance has been given
to the other states in the Region for the development of
legislation and regulations for their voluntary cleanup
programs.
CLEAN WATER ACT
Untied States v. Roger /. Gautreau (Louisiana,
Maryland): On January 9,1996, the United States
District Court entered a civil consent decree in which
Mr. Gautreau agreed to perform onsite wetland
restoration activities and to pay $4,500 in civil
penalties to resolve a civil action brought under the
Clean Water Act These actions arose out of Mr.
Qautreau's unauthorized discharge of fill material into
wetlands in St Amant, Louisiana. Mr. Gautreau payed
the penalty and performed the required restoration. In
June of 1996, the District Court accepted a motion of
termination and the matter was concluded.
United States v. New Orleans Sewerage & Water
Board (New Orleans, Louisiana): In 1993 the United
States filed a civil complaint alleging violations of the
Clean Water Act and Clean Air Act against the Board.
The sanitary sewer and collection system of New
Orleans are in very poor condition and have caused
hundreds of unpermitted discharges of contaminated
water to the waters of the United States. Trial was set
for October 7,1996. Over the summer months
preceding trial, the team consisting of EPA and DOJ
legal and technical staff participated in extensive
settlement negotiations with the Board. Minor issues
were resolved, but significant aspects of the case
including necessary injunctive relief measures and
scheduling were not settled. The court removed the
case from the trial docket on the eve of trial and
ordered the parties to participate in non-binding
mediation. Mediation proved unsuccessful, in large part
due to the inability of the parties to agree on an
appropriate assessment of penalty and other major
issues related to long-term injunctive relief. The court
has set the new trial date for March 2,1998. This case
is significant for many reasons including issues related
to litigating against a small governmental entity,
environmental justice claims, legal issues associated
with Sanitary Sewer Overflows, and the use of
alternative dispute resolution for technical disputes.
United States v. Yaffe Iron and Metal Co., Inc.: In
March of 1996, Yaffe Iron and Metal Co., Inc. (Yaffe),
a metals recycling facility located in Muskogee,
Oklahoma, agreed to pay a penalty of $ 150,000 in
settlement of a civil complaint filed against it pursuant
to Section 309(b) of the Clean Water Act ("the Act" or
"CWA"), 33 U.S.C. § 1319(b). In addition to the
penalty, Yaffe agreed to perform a Supplemental
Environmental Project ("SEP") in the form of a multi-
media environmental audit of the company's Muskogee
facility. The SEP is valued at approximately $40,000.
The complaint, which was filed in June of 1995 with
the United States District Court for the Eastern District
of Oklahoma, alleged that Yaffe violated the CWA by
discharging pollutants to waters of the United States
without a National Pollutant Discharge Elimination
System ("NPDES") permit in violation of Section 301
of the Act, 33 U.S.C. §1311.
FIFRA
United States v. Harry James Saul and Ronnie
Snead (Eastern District of Arkansas): Harry Saul,
part owner and operator of Harry Saul Minnow Farm,
Inc., Prairie County, Arkansas, and a company
employee, Ronnie Snead, were sentenced on June 19,
1996, by Federal Magistrate Henry L. Jones for a
misdemeanor violation of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA). The
defendants had mixed furadan, a restricted use
pesticide, with minnows and spread the treated
minnows on a levee on the minnow farm to control
nuisance birds. Mr. Saul and Mr. Snead stipulated to
the facts of the case after a one count Bill of
Information was filed in May, 1995, but argued that to
the ordinary person, "inconsistent with the label" would
mean conduct that the label specifically prohibits. The
government argued that the label lists the specific uses
for Furadan, and that the statute lists specific
exceptions to prohibited conduct, none of which were
applicable to die defendant. Saul was ordered to pay a
$5,000 fine and Snead a $ 1,000 fine for use
inconsistent with the label. The defendant's attorney
notified Judge Jones that his clients have decided to
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appeal the Court's judgement. Case law resulting from
the appeal may affect other prosecutions.
Skarda Ffying Service, Inc.: In May and June 1989,
Skarda Flying Service, Inc. (SFS), a small aerial
pesticide applicator in Hazen, Arkansas applied the
registered pesticide, 2,4-dichlorophenoxy butyric acid
(2,4-DB) to rice crops in 38 separate applications.
2,4-DB is labeled only for soybeans and peanuts, and
not for rice. An inspection by an Arkansas State Plant
Board inspector in early 1990 revealed the 2,4-DB
applications. In June 1990, the Arkansas State Plant
Board found that SFS had applied 2,4-DB to rice and
put SFS on probation, but did not impose a civil
penalty. Region VI decided to take its own
enforcement action in light of the inadequate
enforcement response by the Plant Board, and on
September 27,1991, filed a FIFRA complaint against
SFS alleging 38 violations of FIFRA for the company's
application of 2,4-DB in a manner inconsistent with its
labeling ($500 per violation). SFS answered admitting
the violations and requesting a hearing.
On October 17,1996, Judge Andrew S. Pearlstein
issued an Initial Decision reducing the $ 19,000
administrative penalty to $5,000. The decision holds
that the FIFRA Enforcement Response Policy (ERP) is
inconsistent with FIFRA Sections 14(a)(2) and
14(a)(4) as well as 40 CFR Section 22.27 in that it
does not allow for any reduction from the maximum
statutory penalty amount for first offenses by "for hire"
applicators. With regard to the "ability to pay" factor,
the Judge ruled that it was not necessary to examine in
detail evidence on respondent's finances." While the
SFS could pay the whole penalty amount, to do so
would leave the company no reserves to meet
"unanticipated expenses".
RCRA
American Airlines, Inc. (Tuba, Oklahoma): A
CACO was filed against American Airlines, Inc.
(respondent) on July 31,1996. The complaint alleged
respondent had discharged degreasing solvents
(hazardous waste) into the on-site injection wells, in
violation of the RCRA land disposal restrictions. In the
CACO, American agreed to pay a cash penalty of
$20,000, to take affirmative actions to prevent further
injection of restricted wastes, and to fund a SEP in the
amount of $385,235. The SEP provides for 98% or
6969 pounds/year reductions in chrome waste through
a chrome recovery system and the elimination of 26
million gallons of waste water into injection wells
annually.
BJ Services Company, U.SA, (Hobbs, New Mexico):
On July 1,1996, a complaint and a consent agreement
and consent order (CACO) were simultaneously filed,
settling an administrative case against BJ Services
Company, U.S.A. (respondent). The complaint alleged
RCRA violations stemming from respondent's failure to
obtain a permit to store hazardous waste and failure to
make hazardous waste determinations. The proposed
penalty in the complaint was $85,774.00. Pursuant to
the terms of the, CACO, respondent agreed to pay a
penalty of $3,452.00 and agreed to fund a
Supplemental Environmental Project (SEP) in the
amount of $81,548.00. The SEP involves the
establishment of a hazardous waste collection program
aimed at collecting household hazardous waste and
hazardous waste from conditionally exempt small
quantity generators in the Hobbs, New Mexico area.
Camp Stanley Storage Activity (Boerne, Texas): A
Final consent agreement and consent order (CACO)
was filed on August 17,1996, settling an
administrative case against the respondent. Pursuant to
the terms of the CACO, respondent agree to pay a
penalty of $45,000 in cash and agreed to fund a SEP in
the amount of $555,000. The SEP includes auditing
and investigation of the extent of contamination at the
Base which occurred prior to RCRA (1980).
Additionally, Camp Stanley has eliminated the
operations of disposing of waste munitions in their land
based open burning/open detonation unit. Another
Department of Defense (DOD) facility, which is
permitted, will dispose of waste munitions for Camp
Stanley. The SEPs conducted by Camp Stanley are
expected to reduce releases by approximately 20 tons
per year of nitrosamines and nitro-aromatic compounds
to soils at the facility.
Cooper Cameron (Richmond, Texas): This
enforcement action arose out of the Region VI Foundry
Initiative. EPA conducted an inspection of the Cooper
Industries, Inc., Oil Tool Division in Richmond, Texas
on September 21 - 23,1994. At that facility, the
Cooper Oil Tool Division manufactured a variety of
low and high carbon steel and stainless steel oil tool
castings for valves and other equipment. During the
inspection, EPA discovered a waste pile which
contained Electric Arc Furnace (EAF) baghouse dust.
This material was sampled using the TCLP method and
was found to contain chromium (D007) above the 5.0
mg/L regulatory level. Therefore, the EAF baghouse
dust is a hazardous waste. Cooper Oil Tool Division
was acquired by Cooper Cameron Corporation which
was spun off from Cooper Industries, Inc. in 1995. As
the corporate successor to the Oil Tool Division,
Cooper Cameron became responsible for the cited
violations. Region VI simultaneously filed the CACO
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on September 30,1996, assessing a civil penalty of
$45,000 plus injunctive relief. Additionally, Cooper
Cameron has agreed to remediate, under the TNRCC
Voluntary Cleanup Program, approximately 30 acres of
waste materials stored in piles on their site. It is
estimated that this action will reduce the risk of
releasing more than 100 tons of chromium
contaminated soil. The agreement to remediate the
waste pile is a result of the company's concern over
environmental justice issues. The surrounding
community is approximately 51% minority while
Texas' average is 39%.
Enviro-Chem, Inc. (Hobbs, New Mexico): On June
25,1996, a complaint and a consent agreement and
consent order (CACO) were simultaneously filed,
settling an administrative case against Enviro-Chem,
Ine,,(respondent). The complaint alleged RCRA
violations stemming from respondent's failure to obtain
a permit to store hazardous waste and failure to make
hazardous waste determinations. The proposed penalty
in the complaint was $10,911.00. Pursuant to the
terms of the CACO, respondent agreed to pay a penalty
of $911 and agreed to fund a Supplemental
Environmental Project (SEP) in the amount of
$10,000. The SEP involves the promotion and
presentation of a two day Environmental Compliance
Promotion and Compliance Assistance Seminar
(RCRA/EPCRTKA) to the business and industry of the
Hobbs\ Permian Basin community.
Ethyl Corporation (Magnolia, Arkansas): On
August 30,1996, a CACO was filed against Albemarle
Corporation, A.K.A. Ethyl Corporation, (respondent)
for RCRA violations involving storage of hazardous
wastes and the use of an unpermitted underground
injection well at the facility. (The company was
injecting about 50 tons per year of hazardous waste into
this well.) The violations were discovered by a Region
VI EPA compliance evaluation inspection. Pursuant to
the terms of the CACO, the respondent agreed to
remedy the violations, agreed to pay a civil penalty of
$40,000, and to fund a SEP valued at $150,000 (after-
tax, net present value). The SEP is designed to protect
diminishing ground water resources in the area by
recycling process water and/or converting to surface
water use. The facility is a major user of ground water
in the area, currently consuming 850 gallons per
minute. Injunctive relief is estimated to cost the
respondent approximately $113,500.
Fina Oil & Chemical Co. (Deer Park, Texas): A
CACO was filed on September 30,1996, which settled
an administrative case against Fina Oil (respondent).
This enforcement action was conducted under Region
VTsBEF initiative. The complaint alleged RCRA
violations stemming from.respondent's operation of a
boiler burning hazardous waste with an incomplete or
an inaccurate certification of compliance; exceedance
of limits established in the certification of pre-
compliance and compliance test notification during
compliance testing; failure to continuously monitor, and
record emissions of carbon monoxide (CO) and
oxygen; failure to conduct tests of the automatic waste
feed cutoff system for a boiler burning hazardous
waste; failure to develop and/or update facility waste
analysis plan, inspection plan and schedule, personnel
training plan, and contingency plan; and operation of an
incinerator burning hazardous waste without a permit
or interim status. Pursuant to the terms of the CACO,
Fina agreed to pay a penalty of $178,000 in cash to
satisfy the approximately $460,000 in civil penalties
assessed by Region VI. respondent also agreed to fund
six SEPs in the amount of $2 million. Fina will submit
a draft SEP implementation plan to EPA for review and
comment. The six SEPs include (1) a pollution
prevention engineering assessment, (2) upgrading the
waste heat boiler controls, (3) installation of improved
flash tank line heaters, (4) installation of flash tank
powder seals, (5) improvement of sludge dewatering,
and (6) installation/operation of piping to extend the
useofanalkylflare. These SEPs are expected to
reduce volatile emissions from Fina's plant by 800 tons
per year.
Fina Oil and Chemical Company (La Porte, Texas):
On September 30,1996, a complaint and a consent
agreement and consent order (CACO) were
simultaneously filed, settling an administrative case
against FINA Oil and Chemical Company
(respondent). The complaint alleged RCRA violations
stemming from respondent's operation of a boiler
burning hazardous waste with an incomplete or an
inaccurate certification of compliance; exceedance of
limits established in the certification of precompliance
and compliance test notification during compliance
testing; failure to continuously monitor, and record
emissions of carbon monoxide (CO) and oxygen; failure
to conduct tests of the automatic waste feed cutoff
system (AWFCS) for a boiler burning hazardous waste;
failure to create and maintain an adequate operating
record for a boiler burning hazardous waste; failure to
develop and/or update facility waste analysis plan,
inspection plan and schedule, personnel training plan,
and contingency plan; and operation of an incinerator
burning hazardous waste without a permit or interim
status. Pursuant to the terms of the CACO, respondent
agreed to pay a penalty of $178,000.00 and agreed to
fund a Supplemental Environmental Projects (SEPs) in
the amount of $2,000,000.00. The SEPs involve a
pollution prevention engineering assessment at
respondent's facility, upgrading of the waste heat boiler
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controls, installation of an improved flash tank line
heaters, installation of Sash tank powder seals,
improvement of sludge dewatering, and installation and
operation of piping to extend the use of alkyl flare.
Fort Hood Army Post (KUleen, Texas): The Region
filed a CACO on September 30,1996, against Fort
Hood Army Post (FHAP), (respondent). The
complaint issued against respondent alleged RCRA
violations stemming from respondent's failure to obtain
a permit to store hazardous waste, failure to obtain
permits for a hazardous waste treatment units, and
failure to amend the closure plan. FHAP submitted a
settlement proposal in mid-August 1996. Pursuant to
the terms of the CACO, FHAP agreed to pay a penalty
of $100,000 in cash and agreed to fund a SEP in the
amount of $1.86 million. The SEP involves the
implementation of an environmental audit of the
hazardous waste activities and includes implementation
of approximately 88 oil/solvent recovery units. The
Fire Training Unit, which was determined to have been
inappropriately employed to manage and dispose of
hazardous wastes, will be closed upon TNRCC's
approval of the final closure plans for this unit The
respondent will provide a SEP implementation plan to
Region VI to review for adequacy prior to performance
of the SEPs.
Go/Dan Industries (Laredo, Texas): The facility, an
importer of hazardous waste from Mexico, is located in
a predominantly Hispanic area. A CACO was filed on
June 12,1996, against Go/Dan Industries (respondent)
for failure to notify of hazardous waste activities and
failure to complete manifests for imported hazardous
waste. Pursuant to the terms of the CACO respondent
agreed to pay a penalty of $20,024.
HICA Steel Foundry and Upgrade Co. (Shreveport,
Louisiana): On November 7,1995, EPA issued
HICA Steel Foundry and Upgrade Company an
administrative order (complaint). The order proposed
a $472,000 fine and required closure of several
unauthorized hazardous waste management units. This
action required the removal and proper disposal of
2600 gallons on corrosive and ignitable hazardous
waste and 255 tons of lead and chromium contaminated
waste from the facility.
Lafitte Industries, Inc. (Lafitte, Louisiana): On
September 24,1996, EPA filed a complaint and CACO
against Lafitte Industries (respondent) for RCRA
violations. The facility is located in Lafitte, Louisiana,
a predominantly low income minority area. Pursuant to
the terms of the CACO respondent agreed to address
the RCRA storage violations and to pay a penalty of
$9,500. This action addressed 10 tons of improperly
stored hazardous waste.
Merichem Company (Houston, Texas): A CACO
was filed on December 18,1995, against Merichem
(respondent), a chemical manufacturing facility. The
CACO required the facility to return to compliance in
response to alleged violations of the BIF regulations,
and to pay a civil penalty of $ 100,000. RCRA
violations included failure to test the Automatic Waste
Feed Cutoff System; exceeding Arsenic and Ash feed
rate limits; lack of control of fugitive emissions; failure
to amend a closure plan; and failure to operate within
submitted Certification of Compliance parameters. In
addition, respondent agreed to perform a pollution
abatement SEP with an agreed cost of $690,000 for
engineering, major new equipment, and labor to install
the new equipment The SEP is designed to capture all
process emissions and eliminate odors normally
associated with a production facility of this type. The
SEP will result in an estimated 776 Ibsfyr reduction in
waste gases containing cresols, phenols, and dimethyl
phenols.
Micro Chemical (Winnsboro, Louisiana): Micro
Chemical is a pesticide formulating, mixing, and
packaging facility 3000 feet up gradient of the
Winnsboro's groundwater well complex. In March
1990 a release from the facility was reported by a
citizen. Investigations revealed that the company had
attempted to dump 100 cubic yards of pesticide
contaminated soil offsite. People living near the dump
site became ill from the fumes and the state ordered the
soil to be returned to Micro Chemical. Ultimately a
criminal case was initiated for the midnight dumping.
Other storage violations detected were the subject of an
administrative complaint issued in September 1992.
A RCRA 3008(h) order on consent was entered into on
September 1994 to remediate the site. In resolving the
September 1992 complaint, a final order was issued on
March 28,1996. Micro Chemical agreed to pay a
penalty of $25,000 and agreed to fund a SEP valued at
$25,000. The SEP established collection events for
household waste and waste pesticides in the Franklin
Parish area. During FY96, the SEP enabled about 100
tons of waste to be collected and properly disposed.
Mosby Enterprises, lnc.(BeUe Chasse, Louisiana):
On September 24,1996, EPA simultaneously filed an
complaint and CACO against Mosby for hazardous
waste violations. The facility is located in Belle Chase,
Louisiana, a predominantly low income minority area.
Pursuant to the terms of the CACO Mosby agreed to
address the RCRA violations including open burning of
hazardous waste and agreed to a penalty of $33,000.
The action resulted in the removal of 27 tons of waste
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from the community (burn pile remediation and proper
disposal of illegally stored waste).
National Research Laboratories, Inc. (Albuquerque,
New Mexico): On August 30,1996, a complaint and a
consent agreement and consent order (CACO) were
simultaneously filed, settling an administrative case
against National Research Laboratories, Inc.,
(respondent). The complaint alleged RCRA violations
stemming from respondent's failure to obtain a permit
to store hazardous waste, failure to adequately
characterize waste as hazardous waste, and failure to
specify accumulation dates on drums containing
hazardous waste. The proposed penalty in the
complaint was $30,000.00. Pursuant to the terms of
the CACO, respondent agreed to pay a penalty of
$7,500.00 and agreed to fund a Supplemental
Environmental Project (SEP) in the amount of
$22,500.00. The SEP involves the establishment of an
outreach educational program directed at households
and conditionally exempt small quantity generators in
the Albuquerque area. The purpose of the SEP
program is to educate the target groups regarding the
proper ways of handling and disposing of hazardous
waste.
NIBCO, Inc.: A Final consent agreement/consent
order was signed by both Region VI and NIBCO on
September 30,1996. NEBCO agreed to pay $750,000
in cash to satisfy the approximately $2.5 million in civil
penalties assessed by Region VI in this Foundry
Initiative enforcement action. The enforcement action
against NIBCO originated because the facility was
treating sand used in the casting of metal valves
(casting sand) with metallic iron dust, without a permit,
and disposing of the material in the Nacogdoches
municipal landfill. The casting sand absorbs lead
during the casting process, making it a hazardous
waste. In order to ofiset the civil penalty, NIBCO
agreed to work with TNRCC and the City of
Nacogdoches to characterize the foundry sand waste
disposed of in the Nacogdoches municipal landfill, and
ensure closure and post-closure measures are
performed in accordance with all applicable
requirements and schedules established by TNRCC.
SofaX Corporation (Albuquerque, New Mexico):
On September 13,1996, a complaint and a consent
agreement and consent order (CACO) were
simultaneously filed, settling an administrative case
against Solv-Ex Corporation, (respondent). The
complaint alleged RCRA violations stemming from
respondent's failure to obtain a permit to store
hazardous waste and failure to adequately characterize
waste as hazardous waste. The proposed penalty in the
complaint was $60,237.00. Pursuant to the terms of
the CACO, respondent agreed to pay a penalty of
$15,059.00 and agreed to fund a Supplemental
Environmental Project (SEP) in the amount of
$45,178.00. The SEP involves the establishment of a
hazardous waste collection program aimed at collecting
hazardous waste from conditionally exempt small
quantity generators in the Albuquerque, New Mexico
area.
Spartan Technology, Inc. (Albuquerque, New
Mexico): On September 16,1996, EPA Region VI
filed a Unilateral administrative order under Section
3008(h) of RCRA against Spartan Technology, Inc.
(Spartan) of Albuquerque, New Mexico. This action
will require Spartan to implement the selected remedy
to address ground water and soil contamination.
Sparton manufactured electronic components from
1961 until 1994, when operations were discontinued.
Past waste management practices produced a
contaminant plume in the ground water containing
waste solvents at levels several times the maximum
contaminant levels established under the Safe Drinking
'Water Act This environmental problem is
compounded due to the fact that ground water is the
sole source of drinking water for the City of
Albuquerque and a water supply well is located
approximately two miles down-gradient from the
leading edge of the ground water contaminant plume.
Under a RCRA Section 3008(h) administrative order
on consent signed with EPA in 1988, Sparton
performed the following: 1) Installed and operated an
on-site ground water recovery and treatment system; 2)
investigated ground water contamination; and 3)
evaluated various cleanup alternatives. This
administrative order on consent was terminated on June
24,1996, when a final remedy was selected by EPA.
EPA Region VI initially attempted to negotiate the
implementation of the remedy; however, negotiations
were terminated on August 7,1996, when Sparton filed
a complaint in U.S.. District Court seeking to force EPA
to select Spartan's preferred remedy,
Why Wastewater (El Paso, Texas): EPA and the
Department of Justice reached agreement with Why
Wastewater, Inc., of El Paso, Texas in September
1995, resolving allegations against the company for
storing maquiladora hazardous waste shipments
without a permit EPA and the Department of Justice
(DOJ) filed a consent decree in which the facility
agreed to pay a civil penalty of $103,000. The
mismanagement of hazardous waste between
predominantly minority and low income communities
remains a major concern along the border. This action,
addressing more than 17,000 gallons of illegally stored
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hazardous waste, underscores the Region's resolve to
provide greater protection to such communities.
SDWA
United States vs. Tenneco Sac and Fox Tribe: In
December, 1994 the Department of Justice and the
Office of Enforcement and Compliance Assurance
notified the Region that DOJ wanted to bring a civil
case against some oil production companies in
Oklahoma on the Sac and Fox tribal land. The oil
companies had contaminated groundwater, both
shallow and deep, and had caused some surface
damage. The Region and OECA agreed that the best
environmental case could be brought under the Safe
Drinking Water Act (SDWA) emergency powers
provisions. Under the SDWA, the Administrator of
EPA can take whatever action is necessary to abate an
imminent and substantial endangerment to a public
water system or an underground source of drinking
water.
On January 23,1995 the Region referred the case to
DOJ under the SDWA alleging several oil companies
contaminated the underground source of drinking water
under the Sac and Fox tribal land. DOJ filed a
complaint against Tenneco on January 31,1996. The
complaint asked the court to require Tenneco clean up
the aquifer and pay damages to the tribe.
On August 8,1996 the parties reached a settlement in
principle based on Tenneco providing the Sac and Fox
tribe the following: (a) a potable water supply from
wells to be constructed on 3-40 acre tracts of land off
tribal land. The land is to be conveyed in Trust to the
tribe, (b) irrigation water from the Deep Fork River on
the Reservation, (c) surface and shallow groundwater
remediation, along with trash removal and a cash
payment of $300,000 in lieu of other clean-up, (d)
reforestation of a pecan grove damaged by the oil field
activity, (e) cash damages in the amount of $750,000,
(f) government agreement not to hold Tenneco
responsible for any other environmental damage caused
by their activities in the area.
TSCA
Abilene Radio and Television Company: KRBC-T V,
Abilene, Texas: In a settlement with Abilene Radio and
Television Company for violations of PCB regulations
promulgated under TSCA, the company agreed to
perform a SEP involving the removal and disposal of
67 capacitors containing over 500 ppm PCBs. These
PCB capacitors were located at the company's Abilene,
Texas facility and were replaced with non-PCB
capacitors. This SEP project removes PCB oil from
service which could otherwise have been released into
the environment; elimination of these capacitors also
removes this facility from regulated TSCA PCB status.
The SEP cost is estimated at $10,371 and a $7,500
penalty was also assessed.
El Paso Electric Company: EPA discovered TSCA
PCB violations during inspections of several EPEC
electrical substations. EPA issued an enforcement
action on September 27,1995 and filed the consent
agreement on October 3,1995. No civil penalty was
assessed based on the bankrupt status of the company
and the agreement to conduct a SEP. EPEC conducted
a SEP involving the permanent removal and disposal of
approximately 560 PCB Capacitors (capacitors
containing 500 ppm PCBs or greater) from electrical
substations in the EPEC service area. EPEC replaced
each of the removed PCB Capacitors with non-PCB
capacitors. EPEC spent approximately $290,000 on
the SEP.
City ofHearne, Texas: In a settlement with the City
of Hearne, Texas for violations of PCB regulations
promulgated under TSCA, the City ofHearne agreed to
conduct a SEP which will identify all existing oil-filled
electrical equipment within the City of Heame
Electrical System. The SEP will also involve the
removal and disposal of all PCBs and PCB Equipment
that contain PCBs at 50 ppm or greater within 2 years.
The SEP cost for this project is estimated to be
$99,000.
University of Texas at Austin Batcones Research
Center: In a settlement with The University of Texas
at Austin, Balcones Research Center ("the University")
for violations of PCB regulations promulgated under
TSCA, the University agreed to perform a SEP
involving the removal and disposal of one PCB-
Contaminated transformer, three PCB Capacitors, and
approximately 19,700 PCB fluorescent light ballasts
(approximately 72,000 Ibs). The SEP removes from
service a substantial quantity of PCB Items which
eliminates the risk of any PCBs being released into the
environment in the event of leakage or other failure.
The SEP cost is estimated to be in excess of $598,000.
MULTIMEDIA
Koch Refining Company L.P. (Corpus Christi,
Texas): An Amended complaint, and a fully executed
consent agreement/consent order (CACO) were signed
and filed on February 16,1996. These documents fully
resolved the alleged violations stemming from a RCRA
and Toxic Substance Control Act (TSCA) multimedia
on-site inspection at the facility. Conditions of the
CACO required Koch to timely and satisfactorily
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address 23 alleged RCRA violations and seven alleged
TSCA violations in order to return to compliance with
State and Federal regulations, and to submit a civil
penalty of $575,000 for alleged violations of both the
TSCA and RCRA programs. As a result of this action,
approximately 10,560 gallons of waste per year will be
properly managed. These wastes contained spent
caustics, refinery waste waters, volatile organics, and
PCBs.
Mobil Chemical Co.: A Final consent
agreement/consent order (CACO) was signed by both
Region VI and Mobil on November 22,1995. The
CACO resolved a multimedia compliant filed against
Mobil for alleged violations of the Resource
Conservation and Recovery Act, the Clean Air Act, and
the Clean Water Act The settlement entailed a
payment of $250,000 in cash and $3.5 million for three
SEP's. The three SEP's included (1) an expanded leak
detection and repair system, (2) pump retro-fitting and
replacement, and (3) toluene tank emissions control.
Additionally, Mobil removed and disposed of a waste
pile containing 92 tons of lead contaminated soil.
Phibro/Basis (Houston, Texas): Basis Petroleum and
EPA Region VI entered into a Final consent
agreement/consent order (CACO) on September 17,
1996. This enforcement action stemmed from a Multi-
media Inspection conducted at Basis by Region VI.
Violations of RCRA, the CWA, and TSCA were
alleged by Region VI. The alleged RCRA violations
included failure by Basis to keep containers of
hazardous waste closed when not in use but containing
volatile hazardous waste, improper labeling of
containers of hazardous waste, and inadequate landban
records. Settlement negotiations resulted in Basis
paying $34,500 in cash and development of a standard
operating procedure for facility personnel to follow in
the future to ensure compliance with the
aforementioned regulatory programs.
Shell Oil Company (Norco, Louisiana): On January
26,1996, the U.S. District Court entered a civil
consent decree in which Shell agreed to pay $ 1 million
in penalties and fund a SEP worth $9 million. This was
a multimedia action which included the CWA, CAA,
Safe Drinking Water Act (SDWA), and RCRA. The
RCRA counts arose from Shell's improper disposal of a
listed hazardous waste (F005) into a nonhazardous
landfill. The SEP includes implementation of an
enhanced leak detection and repair program, air toxics
reduction, enhanced environmental management,
treatment of caustic olefins, and a regeneration/reuse
project The SEP calls for an overall emissions
reduction of 991 tons.
Vulcan Chemicals Company (Geismar, Louisiana):
On March 21, 1996, the U. S. District Court entered an
Administrative Penalty order in which Vulcan agreed
to pay $81,375 in penalties. This was a multimedia
action which included TSCA and RCRA. The
enforcement action arose from Vulcan's failure to
properly analyze PCB waste streams and failure to
properly store PCB's and PCB items. The action
addressed 108,000 gallons of waste and resulted in the
implementation of an enhanced leak detection and
repair program, and an enhanced environmental
management program.
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REGION VH
CLEAN AIR ACT
17.5. v. Elliott Drywall A Asbestos, Inc. (Kansas City,
Kansas): A consent decree was entered April 19,
1996, in the United States District Court for the
District of Kansas against Elliott Drywall & Asbestos
settling violations by Elliott of the National Emission
Standards for Hazardous Air Pollutants (NESHAP)
requirements for asbestos. The violations occurred
during work performed by Elliott at the University of
Kansas Medical Center in Kansas City, Kansas. The
consent decree requires that Elliott pay a civil penalty
of $50,000 for the violations. In negotiating a
settlement of these violations, Elliott asserted a claim
that it was financially unable to pay any penalty.
Region VII performed an analysis of Elliott's financial
records, and determined that the company was
financially able to pay a penalty of $50,000, which
Elliott ultimately agreed to do.
U.S. v. Lone Star Industries, Inc. (Cape Girardeau,
Missouri): Lone Star Industries, a non-metallic
mineral processor, is subject to the CAA New Source
Performance Standards for such facilities set forth at 40
C.F.R. Part 60, Subpart OOO. In violation of those
requirements, Lone Star failed to notify the Agency of
equipment located at its plant subject to the
requirements of Subpart OOO, and had not conducted
performance tests of that equipment to ensure that
particulate emissions from the equipment did not
exceed the emission limits set forth in the regulations.
As a result of negotiations between the government and
Lone Star, a consent decree has been entered in U.S.
District Court for the Eastern District of Missouri
resolving these notification and testing violations. The
consent decree imposes a civil penalty of $40,000 on
Lone Star. The required emission testing was also
completed by Lone Star during the course of settlement
negotiations.
Lone Star was one of several hundred companies in the
State of Missouri that had been notified of a Region
VII's Subpart OOO Voluntary Compliance Program.
Lone Star did not participate in the voluntary
compliance program, and this action was taken as part
of phase 2 of that initiative, enforcing against facilities
subject to the Subpart OOO requirements but who
chose not to voluntarily disclose their violations.
Stupp Brothers Bridge & Iron Company (St. Louis,
Missouri): Region VII provided assistance and
support to the State of Missouri resulting in a consent
agreement between Stupp Bros., Inc.,and the Missouri
Department of Natural Resources (MDNR) addressing
Stupp Brothers' violations of the federally approved
Missouri State Implementation Plan (SIP).
Stupp Brothers, a fabricator of large custom engineered
steel structures for use in bridges and major industrial
and high-rise buildings, is subject to the emission limits
for VOCs set forth in Missouri's SIP. Stupp Brothers'
violations of those emissions limits spanned back to
1992. In the fall of 1995, MDNR asked Region VH for
assistance as negotiations between Stupp Bros, and the
State had broken down.
After meeting with Region VJJ and MDNR, Stupp
Bros, agreed to enter into a consent agreement with the
state. The consent agreement requires reduction of
VOC emissions in accordance with a compliance
schedule and sets forth stipulated penalties in event of
an exceedance.
Western Resources, Inc. (Topeka, Kansas): Western
Resources, Inc., an electric utility located in Topeka,
Kansas, failed to perform required sulfur dioxide
emission certification tests. Emissions of sulfur dioxide,
an acid ram precursor, are regulated under the CAA
Acid Rain regulations. The regulations require that
facilities certify the quality of their sulfur dioxide
emissions data by January 1.1995, which Western
Resources did not do. On October 2,1995, Region VH
issued an administrative compliance order to Western
Resources, requiring the facility to install, certify,
maintain, and operate a natural gas metering system
that meets the required design and installation
specifications; to perform a visual inspection of each
orifice palate to ensure compliance; to complete a
calibration of all auxiliary measurement equipment
necessary to calculate natural gas flow, and to submit a
revised certification application for each unit affected
by the order.
CERCLA
Carter Carburetor site (St Louis, Missouri): On July
23,1996, EPA, Region VH issued a CERCLA Section
106(a) Unilateral administrative order for Removal
Response Activities ("order") to ACF Industries, Inc.,
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requiring ACF to conduct a time-critical removal action
at the Carter Carburetor site. The Carter Carburetor
site includes a facility that occupies one and one half
square blocks in Si Louis, Missouri. The facility
consists of several multistory, connected,
manufacturing and warehouse buildings in a mixed,
urban commercial/residential area. Widespread PCB
contamination exists throughout the abandoned facility,
portions of which are exposed to the outside
environment due to broken windows and collapsed roof
areas. PCB contamination also exists in a parking lot
outside the abandoned portion of the facility, probably
as a result of releases from PCB transformers. The
removal action addresses a portion of the facility that
has been abandoned for several years, and is currently
owned by the St Louis Land Reutilization Authority
(LRA).
The estimated cost of the removal action is $1,906,116.
The removal action will involve the removal and
disposal of all PCB articles, drums, machinery and
equipment left in the abandoned portion of the facility,
including PCB contaminated furnaces, ventilation and
air ducts, exhaust systems and piping. The abandoned
portion of the facility will then be dismantled and
disposed of. Underground lines, tanks and/or sumps
will be removed and disposed of. The concrete floor
will be decontaminated and an interim cover will be
installed pending further response actions to address
remaining portions of the facility. Once the removal
action is complete, there is potential for redevelopment
27.1?. v. Connor Investment (Jasper County, Kansas):
On September 27,1996, Connor signed a consent
decree which allows the creation of a soil repository for
the Jasper County site clean-up of residential yards.
The company also signed a temporary access
agreement to begin design work prior to entry of the
consent decree. By the implementation of this consent
decree, a facility is available to implement the remedial
action at the site.
Dutton-Lainson Company (Hastings, Nebraska):
Dutton-Lainson Company has agreed in an
administrative order on consent issued pursuant to
Section 106 of CERCLA to perform a removal action
on its property located at the Well #3 Subsite in
Hastings and to reimburse EPA for its oversight costs.
This removal action requires Dutton-Lainson to
perform soil vapor extraction in order to prevent
further migration of trichloroethane (TA) and
trichloroethylene (THE) contamination into the
groundwatcr. EPA has acted to control the source of
carbon tetrachloride contamination at this subsite.
Dutton-Lainson will implement source control
addressing the remaining contamination.
U.S. v. Eveready Battery (Red Oak, Iowa): EPA has
signed a consent decree with seven companies, two
individual landowners and the city of Red Oak, Iowa, in
a global settlement for the Red Oak Landfill Superfund
site. The settlement in the decree divides various
responsibilities "severally" among the settling parties.
Under the settlement, Eveready and its parent, Ralston
Purina Co., will carry out remedial design and
implement the remedy, primarily the capping of the
landfill. A manufacturing company with a plant located
in Red Oak, the Douglas & Lomason Co. will, along
with the City, provide long-term operations and
maintenance and monitoring after the cap is completed.
Several other settling parties, including Uniroyal, Inc.
and Uniroyal Holding, Inc., joined the foregoing parties
in paying for EPA's past costs at the site, and these
parties will also pay in advance for EPA's RD/RA
oversight costs, providing EPA with a premium in
exchange for cashing out these future costs. The
consent decree was lodged with the court on September
27,1996. The settlement contained a waiver of claims
against de minimis parties.
U.S. v. Gold Fields Mining Corporation (Galena,
Kansas): On March 29,1996, the U.S. filed a
complaint in Federal District Court for the District of
Kansas. The named defendants are Gold Fields Mining
Corporation and Viacom International, Inc, seeking
past costs incurred by the United States for response
actions at the Cherokee County site, Galena Subsite.
Settlement negotiations were conducted with the two
defendants prior to filing this complaint; however, after
several months of negotiations, agreement was not
reached. In order to facilitate settlement, the
defendants have been granted additional time to answer
complaint The past costs relate to costs incurred by
the U.S. for the Remedial Investigative, Feasibility
Study and the installation of an alternate water supply
and the groundwater/surface water cleanup. The
Cherokee County site and the Jasper County sites are
adjacent to each other in Southwest Missouri and
Southeast Kansas, in an area which was one of the
largest lead and zinc mining areas in the world from
1850 through 1970. (Tri-State Mining area -
Northeastern Oklahoma in Region VI is included in the
Tri-State Mining area.) The Jasper and Cherokee sites
cover about 400 square miles. The sites contain
millions of tons of surface mine wastes. -Thousands of
residences use private shallow groundwater wells for
domestic water supplies, and many residents live
adjacent to or on mine waste.
U.S. v. Missouri Electric Works (Cape Girardeau,
Missouri): On August 14,1996, the U.S. District
Court for the Eastern District of Missouri re-entered
the remedial design/remedial action consent decree for
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this site. This consent decree had originally been
entered on August 24,1994, however a group of non-
settling potentially responsible parties who had
attempted to intervene in District Court appealed their
denial of intervention to the Eighth Circuit Court of
Appeals. These PRPs had claimed that the cost
allocation formula which was part of the consent decree
placed excessive liability on non-settlers. On August
30,1995, the Eighth Circuit ruled in favor of the
intervenors on the issue of intervention, finding that
these non-settling parties should be allowed to
intervene as a matter of right as the contribution
protection accorded to the settlers would cut off the
ability of the non-settling PRPs to recoup any excessive
allocation of liability, if it was found by the District
Court that the cost allocation formula was unfair. On
remand, the District Court found the consent decree,
including the cost allocation formula, to be fair,
reasonable and consistent with CERCLA, and the
consent decree was re-entered. (On October 4,1996,
the intervenors appealed the District Court's decision
to re-enter the consent decree to the Eighth Circuit)
Missouri Electric Works, Inc. was the former
owner/operator of this site where it operated a
transformer repair and disposal facility for
approximately 40 years. Site soils and groundwater are
heavily contaminated with PCBs. Approximately 175
parties signed the consent decree as Settling
Defendants, Soil De Minimis Settling Defendants, Soil
and Groundwater De Minimis Settling Defendants, or
Settling Federal Agencies. The consent decree also
provided preauthorization mixed funding to the settling
parties.
National Mine Tailings site, (Park Hills, Missouri):
A CERCLA prospective purchaser agreement for
property that is part of the National Mine Tailings site
in Park Hills, Missouri has been signed. Under this
agreement, Airtech Inc., the prospective purchaser, will
purchase three acres of this forty acre Mine Tailings
site, and perform certain clean-up work on the property
it purchases in exchange for a covenant not to sue and
contribution protection. Airtech plans to build a light
manufacturing facility on the property that will create
30-45 new jobs in the community making productive
use of this site once again. The Agency is receiving the
substantial direct benefit of the work, and the
community is receiving benefit through creation of new
jobs and returning this idle property to productive use.
The site is in an inactive lead and zinc mining area
known as the "Old Lead Belt", which for many years
was one of the major lead and zinc producing areas in
the world.
North Landfill Subsite Pilot Allocation: In 1996
Region VH invited PRPs at the North Landfill Subsite
of the Hastings Ground Water Contamination to
participate in a Pilot Allocation, to test the allocation
procedure outlined in the proposed Superfund Reform
Act of 1994. In June 1996, all PRPs had agreed to
participate and had signed confidentiality and tolling
agreements and the parties had jointly selected an
allocator. On July 9, the parties completed negotiations
of a Protocol agreement which set forth the procedures
and time line to be followed and a document repository
was set up in two locations. The parties submitted to
the Allocator a preliminary statement which described
the parties' connection with the subsite.
The PRPs nominated other Allocation Parties but only
the five original PRPs agreed to participate in the
allocation process; they are referred to as the
Cooperating Parties (CPs). The CPs and EPA are
proceeding with the Allocation Pilot following the
guidance issued by the Agency for this initiative.
Osage Metals site (Kansas City, Kansas): On
September 26,1996 a consent decree was entered in
the District Court of Kansas which enables formerly
contaminated industrial property to return to productive
use. The decree requires the property owner of this
Superfund site to transfer ownership of the site to a
third party. Incorporated into this consent decree is an
administrative order which requires the third party
identified in the consent decree to pay EPA $80,000 in
reimbursement for costs incurred in performing a
removal action at the site. The new owner will
redevelop the property into a productive business that
will generate tax revenue for the city of Kansas City.
The site was formerly a scrap yard that ceased
operating in 1993 after a flood destroyed part of the
warehouse. The property was filled with scrap and
debris until EPA performed the removal action to clean
up the PCB and lead contamination in the soils. Since
1993, no commercial activity has been occurring at the
site. The City of Kansas City had an interest hi
restoring the property to a productive state and had
taken steps to condemn it in order to include the site in
a tax incremental financing district ("TIP"). A
developer, W.W. Land Company, had an interest in
buying the property and developing it Wyandotte
County had a $14,467.17 tax lien on the property and
was taking steps to foreclose.
i
Discussions between Region VII EPA, DOJ, the City,
the County, the owner and operator, and the developer
were held. The owner agreed to sell the property to the
developer for $90,000; Wyandotte County agreed to
abate die taxes by 50%; the City of Kansas City agreed
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not to condemn the property; the developer agreed to
pay the owner $3000, pay $7000 to the county in back
taxes and to reimburse EPA in the amount of $80,000.
EPA agreed to dissolve the lien and grant contribution
protection and a covenant not to sue the owner and
operator through a consent decree and to the developer
through an administrative order.
Peerless Industrial Paint Coatings (St Louis,
Missouri): A Superfund allocations pilot project was
initiated at this site for the allocation of past response
costs of approximately $1,100,000 and a future
removal action of approximately $300,000. Four
generator potentially responsible parties (PRPs) agreed
to participate in the allocation pilot project The owner
and the operator are not participating in the process,
but agreed to sign the necessary tolling agreements.
The next step is selection of the allocator and
negotiation of the allocations process document and the
nomination of additional PRPs.
Peerless Industrial Paint Coatings located near
downtown St. Louis, Missouri was a facility that
manufactured clear plastic coatings and paints. The
operator would accept large quantities of recycled and
off-specification paint wastes. These drums were
stored in the six story facility. EPA performed a
removal action in 1993 removing approximately 4000
drums that demonstrated the characteristic of
ignitability. The drums posed a risk of fire and
explosion from malfunctioning electrical wiring.
Rockwell International Corporadon-Ralston site
(Cedar Rapids, Iowa): Effective March 4,19%,
Rockwell International Corporation, the responsible
party for the Ralston site in Cedar Rapids, Iowa, agreed
to pre-fund the payment of EPA's future costs by
making quarterly payments into a special account The
first phase of the removal work began in July 1994 and
included installation of a clay cap over the former
landfill and stabilization of the creek bank to protect
against erosion. A Dual Vapor Extraction ("DVE")
system is being used in the second phase of the
removal.
From at least 1956 to 1958 Rockwell International
Corporation ("Rockwell") operated an industrial
landfill at 228 Blains Ferry Road in Northeastern Cedar
Rapids. Rockwell burned and/or disposed of solvents,
paint sludge, refuse and drums containing concrete
encapsulated cyanide salts. The site is located adjacent
to a creek and is approximately 2 acres in size.
U.S. v. Russell Bliss, etaL, Missouri Dioxin
Litigation (St Louis, Missouri): In accordance with a
consent decree between the U.S., the State, and the
Syntex Defendants (Syntex Corporation, Syntex
Agribusiness, Syntex USA, and Syntex Laboratories),
the remediation of the dioxin contamination in eastern
Missouri through incineration at the Times Beach site
is now underway or completed at most of the sites. The
County of St. Louis filed a Motion to Intervene in this
litigation pursuant to Rule 24(a) of the Federal Rules of
Civil Procedure (FRCP) on June 21,1995, in an
attempt to change the emission standard in the permit
On November 8,1995, the Judge ruled on St. Louis
County's Motion for Stay Pending Appeal. The Court
noted that the County had merely reiterated the points
raised in its previous submissions and noted that the
County had not come forward with any evidence to
show that the standards imposed under the consent
decree were harmful to public health. In addition, the
court ruled that local standards were not ARARs.
Citizens Against Dioxin Incineration (CA.D.I.) and
Gateway Green Alliance v. U.S. EPA, Carol
Browner, andl.T. Corporation, U.S. District Court
(Eastern District of Missouri): On March 21,1996,
C.A.D.I. and Gateway Greens, represented by
Greenlaw, Inc., filed suit alleging violations of
CERCLA, RCRA, TSCA, NEPA, and state nuisance
statutes, in the implementation of the eastern Missouri
dioxin sites clean-up. The 1988 Record of Decision
was construction of a temporary incinerator to be
located and excavation and transportation of dioxin.
The C.A.D.I./Gateway Greens lawsuit was another
attempt to stop implementation of the incineration
remedy. (At least three other suits have been filed
since 1990.) We expect further action by Greenlaw, as
well as intense pressure from C.A.D.I. and the Gateway
Greens. While no one wants an incinerator in their
area, the vast majority of eastern Missouri citizens, as
well as members of Congress, want the project to go
forward to completion and the 27 sites returned to
beneficial use.
U.S. v. Sherwood Medical Company (Norfolk,
Nebraska): A consent decree resolving the liability of
Sherwood Medical Company (SMC), the only PRP at
this site, was lodged and complaint was filed pursuant
to Sections 106 & 107 of CERCLA on August 29,
1996. The consent decree provides for an extremely
favorable settlement of the CERCLA claims at the
Sherwood Medical Company site located in Norfolk,
Nebraska. By the terms of the decree, SMC will
implement the remedial design and remedial action
consistent with the Record of Decision for the site, and
will pay the government's future costs. SMC has
previously paid the past costs attributable to the site,
carried out a removal action, and performed the RI and
FS.
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The Nebraska Department of Environmental Quality
(NDEQ) has participated in the negotiations of the
terms of the consent decree, and EPA has coordinated
extensively with NDEQ throughout this project The
State is not a party to this decree; however, the State
has no "Superfund" law and has not incurred any of its
own costs.
Thompson Chemical (St Louis, Missouri): EPA and
four PRP's have signed an administrative order on
consent requiring the PRPs to undertake an engineering
evaluation/cost analysis (EE/CA) at the Thompson
Chemicals site in St Louis, Missouri. Current owners
Superior Oil Company, Inc. (Superior), and Missouri
Pacific Railroad Company (Missouri Pacific), and
previous site operators Monsanto Company and Allied
Signal, Inc., have agreed
to undertake the EE/CA activities within the next six
months.
The site is located in an industrial area along the
Mississippi River in St Louis, Missouri. Superior
currently operates the site as a bulk terminal facility for
solvent products. Significant sampling at the site has
documented the presence of polynuclear aromatic
hydrocarbons, volatile organic compounds and dioxin
in the soils at the site, above levels of concern to EPA
Region VH.
U.S. v. TIC Investment and Stratton Georgoulis
(Charles City, Iowa): Stratton Georgoulis has filed a
petition for writ of certiorari with the Supreme Court,
asking the Court to review an October 16,1995 ruling
by the 8th Circuit holding him personally liable under
Section 107(a)(3) of CERCLA for response costs at the
White Farm Equipment (WFE) Dump site. Georgoulis
was CEO of White Farm Equipment Company and sole
shareholder of WFE's parent company. In this case,
there was no evidence that Mr. Georgoulis directly
controlled or had knowledge of the WFE's arrangement
for disposal. The court found that "Georgoulis' actions
inexorably led to the continuation of WFE disposal of
wastes at the dumpsite", and that "lack of evidence
showing his involvement in or knowledge of details of
the disposal arrangement does not bar liability." The
8th Circuit held that the proper standard to be applied
in such cases is whether the officer or director had the
authority to control and did in fact exercise actual or
substantial control, directly or indirectly, over his/her
company's arrangement for disposal.
This litigation arose out of CERCLA clean-up activities
at the White Farm Equipment Dumpsite in Charles
City, Iowa The remedial action was recently
completed by Allied Products Corporation under terms
of an RD/RA consent decree. Three PRPs refused to
join in the RD/RA settlement, so EPA carved out past
costs and filed a Section 107 cost recovery action to
recover our past costs from the non-settlors, including
Mr. Georgoulis.
U.S. v. Waste Disposal, Inc., etaL (Kansas City,
Kansas): The Doepke-Holliday site is on property
overlooking the Kansas River in Johnson County,
Kansas. It was used for disposal of industrial and
commercial wastes in the 1960s and early 1970s. On
May 20,1996, the United States District Court for the
District of Kansas entered the consent decree
previously lodged in this matter. This consent decree
fully resolves the United States' claims for
implementation and long-term operation and
maintenance of the remedial action for the Doepke
Holliday site and provides for recovery of EPA's past
and future response costs in full. The principal
component of the site clean-up is installation of an
impermeable cap over the former disposal area,
EPA Region VII issued a unilateral order to all viable
non-de minimis PRPs in February 1995, directing the
remedial action to go forward while we completed
consent decree negotiations. The work was promptly
started and is on schedule. Altogether, with two
settling federal agencies, sixty-six parties are resolving
their liability to EPA in this consent decree.
CLEAN WATER ACT
U.S. v.ASARCO, Inc. (Omaha, Nebraska): On
January 5,1996, a consent decree between the U.S.
and ASARCO, Inc., was entered in U.S. District Court
for Nebraska, resolving claims for injunctive relief and
civil penalties for ASARCO's violations of the CWA at
its Omaha lead refinery. ASARCO failed to obtain an
NPDES permit under the CWA for its discharges of
pollutants to the Missouri River, had constructed no
wastewater treatment facilities, and had conducted no
regular monitoring of its discharges. The settlement
provides for a civil penalty payment of $3,250,000, a
compliance schedule for construction of a wastewater
treatment system, and Supplemental Environmental
Projects (SEPs) totaling $ 1,000,000. The consent
decree also contains interim effluent limitations, subject
to stipulated penalties, to be met during construction of
the wastewater treatment facility.
The SEPs include a requirement that ASARCO spend
$650,000 to acquire property within the Missouri River
Corridor in Nebraska for the purpose of creating new
or enhanced wetlands and restoring and improving
wildlife habitat In addition, ASARCO is required to
provide $350,000 to fund sampling studies in the
Omaha area.
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ASARCO, Inc. (Reynolds County, Missouri):
ASARCO Lead Company has agreed to pay $ 1.7
million to the State of Missouri - the largest penalty
ever assessed by Missouri in an environmental
enforcement action - for discharging excessive amounts
of lead into a tributary of the Black River in
southeastern Missouri. In addition to the penalty,
ASARCO is also required to build a new wastewater
treatment plant for its mine located on the West Fork of
the Black River, at a cost of approximately $500,000.
FIFRA
Battle Creek Farmers Cooperative Non-Stock
(Pierce, Nebraska): In this case, the Region
discovered that Battle Creek was allowing pesticide
wastes from a rinsate lagoon to drain from the Co-op's
property onto neighboring land, in violation of FIFRA.
la addition to assessing an administrative penally for
the violation, Region VII referred the case to the
Nebraska Department of Agriculture for potential
violations of the state's secondary containment
regulations.
Upon completion of an inspection of the co-op, the
state documented violations of the state regulations and
issued a Letter of Warning (LOW) to Battle Creek. In
response to the state's LOW, the Co-op has submitted
plans to upgrade its secondary containment to bring it
into compliance with the state regulations.
Big Sky Ffying Service (Waterloo, Iowa): On June
14,1995, an complaint was issued to Big Sky Flying
Service for pesticide use violations under FIFRA. The
pesticide, Buctril + Atrazine Herbicide, had been
aerially applied by Big Sky to a com field near
Waterloo, Iowa. Due to wind conditions and
application methods, the pesticide was allowed to drift
onto nearby property, damaging vegetation on that
property. In addition to payment of a penalty for the
violations, Big Sky purchased and has agreed to use
aerial application equipment designed to reduce leaks
and over spray, thereby reducing the possibility of
pesticide drift in the future.
MFA, Inc.: Region VII negotiated a consolidated
settlement resolving four administrative civil
complaints which named MFA, Inc. as a co-
respondent The complaints addressed
cross-contamination of repackaged pesticides and
product under-formulation at MFA facilities in Ste.
Genevieve, Fairfax, and Shelbina, Missouri, in
violation of FIFRA. In addition to payment of a civil
penalty, MFA has installed and implemented secondary
containment that far exceeds the state's requirements,
at a cost of over $285,000.
RCRA
Ash Grove Cement Co. (Louisville, Nebraska): Ash
Grove Cement Company entered into a RCRA 3008(a)
CA/CO assessing a civil penalty of $140,000. In
September, 1993, EPA Region VH issued an
administrative action against Ash Grove for violations
of the RCRA BIF regulations at its Louisville,
Nebraska, facility.
On January 29,1996, representatives of Ash Grove
Cement Company met with the Regional
Administrator, the Director of the Air, RCRA and
Toxics Division and ORC to announce its decision to
drop its hazardous waste-derived fuel program at its
Louisville, Nebraska facility. Ash Grove cited
economic reasons for its decision. Ash Grove stated it
intends to pursue the use of scrap tires and other
non-hazardous waste fuels at this facility. EPA and
NDEQ will work closely together to assure that proper
oversight of Ash Grove's closure of its hazardous waste
fuel program in Louisville is properly undertaken. Ash
•Grove will pay a civil penalty of $140,000 for its
RCRA violations.
Craig Foster Ford (Tripoli, Iowa): Region VH filed
its first used oil penalty case, alleging that Craig Foster
Ford, an auto dealership in Tripoli, Iowa, violated the
RCRA used oil regulations. The facility stored used oil
outdoors in a variety of about 200 unmarked and
leaking drums and containers, continuing to do so even
after the issuance of a Notice of Violation after an
inspection of the facility. The administrative complaint
proposes a penalty of $ 19,400 for the violations.
Harmon Electronics, Inc. (Grain Valley, Missouri):
Oral arguments on an appeal filed by Harmon
Electronics, Inc., a manufacturer of electronic rail
switching equipment in Grain Valley, Missouri, were
heard by the EAB on Wednesday, May 1,1996.
Harmon had appealed from a judgment in which the
Administrative Law Judge (ALJ) assessed a civil
penalty of $586,716 against Harmon for various RCRA
violations associated with operation of a hazardous
waste landfill without a permit From the beginning of
operations in the 1970s until the end of 1987, Harmon
disposed of approximately 30 gallons of spent solvent
per month by pouring them on the ground behind its
facility. On appeal, Harmon claimed that because
Harmon had self-reported the violations, no penalties
should be assessed. Harmon also raised the issue of the
potential applicability of the statute of limitations at 28
U.S.C. § 2462 to these violations and argued that the
EPA's actions were barred by the doctrines of res
judicata and collateral estoppel because Harmon had
entered into an agreement with the State of Missouri
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after EPA filed its complaint, although the agreement
did not assess penalties. The EAB has not yet issued a
decision in this matter.
MEMC Electronic Materials, Inc. (St. Charles,
Missouri): MEMC executed a RCRA Section 3008(h)
order on consent for Corrective Measure
Implementation (CM) on July 19,1996, for its
manufacturing facility located in St. Peters, Missouri.
The order essentially requires MEMC to maintain
operation of the groundwater pump and treat remedy it
previously instituted as an interim measure, and to
implement institutional controls to limit access to areas
of the facility where there is some low level soil
contamination. This is the first corrective action
implementation order ever issued in Region VTI. The
order implements the corrective measure selected by
EPA in the statement of basis issued December 3,1994
and the final decision document issued April 21,1995.
Technical oversight of implementation will be provided
jointly by Region VII and the Missouri Department of
Natural Resources.
U.S v. Mikkel and Janet Mandt d/b/a
FiberdYNE/FluidYNE (Cedar Falls and New
Hartford, Iowa): On May 10,1996, search warrants
were issued by the U.S. District Court for the Northern
District of Iowa to allow EPA to conduct RCRA
inspections at the Fiberdyne/Fluidyne facilities in Cedar
FaUs and New Hartford, Iowa. EPA had to obtain the
warrants because prior attempts at access were
unsuccessful, with the facilities' owner denying access.
Based on information received by EPA as a result of
the inspections conducted with the assistance of the
search warrant process, EPA determined that
conditions at the facilities posed an imminent and
substantial endangerment to human health and the
environment The facilities had waste handling
practices that included burning ignitable hazardous
waste on site, improper hazardous waste storage and
disposal, leaking hazardous waste containers, and
improper burial of drummed waste. RCRA Section
7003 Unilateral administrative orders were issued to
each of the Fiberdyne/Fluidyne facilities. The facilities
are complying with the requirements of those orders.
Modern Muzzleloading, Inc. (Centerville, Iowa): On
April 15,1996, the U.S. District Court for the Southern
District of Iowa, Central Division, issued an
Administrative Search Warrant providing EPA with
authority to enter and inspect Modern Muzzleloading's
manufacturing facility located in Centerville, Iowa. In
May of 1991, Modern Muzzleloading notified EPA that
it generated between 220-2,200 pounds per month of
ignitable hazardous wastes at the facility. During a
June 1994 EPA inspection of the faculty, EPA's
inspector observed approximately 20 containers of
hazardous waste, ranging in capacity from 5 to 55
gallons, in storage at the facility. The inspector also
observed five barrels containing an unknown liquid
outside the facility's backdoor. Following this
inspection, EPA sent a letter to the Modem
Muzzleloading informing it that violations of RCRA
(failure to properly manage hazardous waste
containers) were discovered during the inspection.
EPA again attempted to conduct a RCRA inspection of
this facility in July 1995, but were denied access. The
April 15,1996, inspection of the facility revealed
numerous violations of RCRA, including failure to
make hazardous waste determinations, improper
labeling of waste oil, and open containers of hazardous
waste.
The RCRA violations have been corrected by the
facility. Based upon the inspection, it also appeared
that the facility was operating a wastewater treatment
lagoon without an NPDES permit. Following the
inspection, Region VII referred this information to the
state for follow-up action.
Wayne Manufacturing (Cedar Rapids, Iowa): After
negotiations which had been on-going since June,
1994, settlement of this case was achieved in one day
through the use of Alternative Dispute Resolution
(ADR). The Region filed an administrative complaint
for penalties against Wayne in 1994 for illegal
treatment and storage of hazardous waste, in violation
of RCRA. Wayne, a manufacturer of circuit breakers
and hammerheads, generated cyanide wastewater
sludge in its manufacturing process. In addition to
payment of a civil penalty, through ADR Wayne agreed
to ship drums of hazardous wastes off-site to a RCRA-
permitted facility, perform closure of its own facility,
and to provide financial assurance that closure could be
completed. This was the first administrative case in
which the Region used ADR as a settlement tool.
TSCA
Everlast Fitness MFG. Corp. (Moberfy, Missouri):
In settlement of an action for violations of Section 313
of EPCRA, Everlast Fitness has agreed to reduce its
use of toluene to less than 10,000 pounds per year, a
reduction of approximately 90% of its current toluene
usage. Everlast has also agreed to pay a civil penalty
of $7,800 for its violations, in which it failed to submit
to EPA and the state a Toxic Release Inventory (TRI)
regarding its toluene for calendar year 1993.
Farmland Industries, Inc. (Sergeant Bluff, Iowa):
Farmland Industries violated EPCRA Section 304 and
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CERCLA Section 103 by failing to immediately report
to the National Response Center and to the State
Emergency Planning Commission a release of ammonia
from its facility located in Sergeant Bluff, Iowa.
In addition to payment of a penalty, Farmland
Industries agreed to the performance of a supplemental
environmental project in settlement of these accidental
release notification violations. Specifically, Farmland
agreed to purchase an air compressor for the Woodbury
County (Iowa) Disaster & Emergency Services
Agency, the local emergency planning committee
(LEPC) for the area where the Farmland facility is
located. This particular LEPC has provided emergency
response for several environmental releases, including
a fatal explosion at a fertilizer manufacturing plant
The LEPC indicated a need for an air compressor to
assist in its emergency response duties.
GECPrecision Corporation (Wellington, Kansas):
After a hearing on the issue of penalty, Administrative
Law Judge Carl Chameski assessed a penalty of
$51,750 against GEC, a subsidiary of General Electric
Corporation, for its violations of Section 313 of
EPCRA. Prior to the hearing, GEC stipulated that it
violated Section 313 by failing to file Toxic Release
Inventory (TRI) reports for its use of methyl ethyl
ketone for calendar years 1991,1992, and 1993, and its
use of 1,1,1 trichloroethane for calendar year 1992.
GEC claimed, however that the penalty proposed by
the Agency ($68,000) was wholly unreasonable in that
GEC was not aware of the reporting requirements and
that therefore the violations were unintentional.
The ALT rejected respondent's arguments, holding that
GEC was charged with knowledge of the law. In
presentation of its case, Region Vn supported the
calculation of its proposed penalty through witness
testimony and based upon the provisions of the statute.
The ALJ adopted the Agency's approach, reducing the
proposed penalty for one count of the four count
complaint for "other factors as justice may require" and
by $3000 for all counts based on GEC's good faith and
cooperation.
MULTIMEDIA
Arlington Plating (St. Louis, Missouri): Arlington
Plating is an electroplating company located at St
Louis, Missouri, engaged in the plating of metals using
nickel, chrome, various acids, copper and barium. The
investigation revealed that Arlington Plating was
discharging electroplating wastes without pretreatment
On January 9,1996, as part of a plea agreement,
Arlington Plating was charged with violating the Clean
Water Act, 33 USC 1319 (c)(2)(A). On January 12,
1996, Arlington Plating entered a plea of guilty to the
above charge. On June 27,1996, Arlington Plating
was sentenced to a fine of $23,000 ($18,000 was
suspended pending completion of remediation and
compliance requirements of the plea agreement), and to
make restitution of $51,119.36 to the Metropolitan
Sewer District for damages to the sewer.
Cole Enterprises (Jefferson County, Missouri):
Timothy B. Cole, Owner, Cole Enterprises provided
sampling and analysis for industrial and wastewater
treatment facility clients in the Jefferson County,
Missouri area. Approximately 15 of these clients were
National Pollutant Discharge Elimination System
(NPDES) permit holders. From approximately June or
July 1993, Cole falsified the test results for Biological
Oxygen Demand (BOD) and TSS (Total Suspended
Solids) analyses which were not performed because
Cole did not have the necessary laboratory equipment
needed to perform such tests. Cole eventually admitted
to the Special Agent conducting the investigation that
he had falsified every DMR he had prepared and signed
since June or July 1993. These DMR's were prepared
for submission to the State of Missouri and to the EPA
pursuant to the facilities' NPDES permits.
On October 10,1995, Timothy B. Cole, Owner, Cole
Enterprises plead guilty to 10 counts of knowingly
making false statements on quarterly Discharge
Monitoring Reports (DMR's) in violation of the Clean
Water Act. Cole was sentenced on January 5,1996 to
a fine of $2,500 and 2 years supervised probation.
U.S. v. Commercial Equipment Company, Inc. and
Curtis Hough (Carol, Iowa): A consent decree has
been entered in this multimedia litigation addressing
violations of the CWA.RCRA, and the SDWA. The
consent decree requires the defendants to close and
remove the facility's septic system, which has been
deemed an illegal underground injection well; conduct
a RCRA Section 3010 investigation of the property,
which includes extensive soil and groundwater
sampling; and pay a civil penalty of $150,000. The
IDNR had previously revoked the facility's National
Pollutant Discharge Emissions System (NPDES)
permit
Although the total environmental benefit of this action
will not be fully known until the sampling and site
characterization required pursuant to the terms of the
consent decree have been completed, the facility's
practice of releasing solvents into a sanitary septic and
lateral field system, which eventually discharged to the
groundwater and to a nearby river, has been eliminated.
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Farmland Industries, Inc. (CoffeyvUle, Kansas):
The Region reached agreements to settle three actions
pending against Farmland Industries, Inc. for violations
of RCRA, the CAA, EPCRA, and CERCLA occurring
at Farmland's petroleum refinery located in Coffeyville,
Kansas. Under the terms of the agreements, Farmland
has agreed to pay civil penalties totaling $1.45 million,
and to implement specific supplemental environmental
projects designed to improve the air quality in
Coffeyville and surrounding areas, as well as to
improve Farmland's ability to respond to chemical
emergencies at the facility. The estimated cost of the
projects is $4.2 million.
RCRA violations at the facility included repeated
disposal of hazardous wastes on the ground; failure to
notify EPA about RCRA-regulated units and failing to
comply with RCRA in operating those units; failure to
file a Part A permit, closure and post-closure plans and
financial assurances; and failure to install and operate a
proper groundwater monitoring system at the regulated
units. The EPCRA/CERCLA violations resulted from
Farmland's failure to immediately report seven
different accidental releases of hydrogen sulfide from
the facility. Farmland's violations of the CAA resulted
from its failure to install proper air pollution control
equipment or, in instances where such equipment had
been installed, Farmland's failure to operate it
effectively.
Genesis Industries (Kansas): Between January 1991
and September 1992, Richard Hub dba Genesis
Industries, Bio-Clean Industries, and Oil Recovery
Technology, operated a tank farm located on property
owned by the Oklahoma-Kansas Oil Treatment
Company (OK Oil) in Coffeyville, Kansas. Hub was
indicted on October 4, 1994, in the District of Kansas,
for violations of the Underground Injection Control
Program of the Safe Drinking Water Act He was
indicted specifically for injecting liquids containing
hazardous constituents into an underground well
without a permit in violations of 42 U.S.C. Section
300h-2 (b)(2), and injecting liquid waste other than salt
water and gas plant waste into a well not classified to
receive such waste in violation of 42 U.S.C. Section
300-h (b)(2). On July 3,1996, Hub was sentenced to
three years in federal prison without parole, one year
supervised probation, and was ordered to pay $50,000
in restitution to the Oklahoma-Kansas Oil Treatment
Company for his guilty plea on March 19,1996, to
count one of the indictment
City of Independence, Missouri: A consent
agreement and consent order (CA/CO) resolving this
multi-media administrative case was entered on June
12,1996. In addition to payment of a civil penalty,
under the CA/CO the City is required to perform a
pollution reduction SEP to make available a household
hazardous waste program to city residents. The
household hazardous waste program will potentially
prevent thousands of gallons of oil, automotive fluids,
and poisons from being dumped into city sewers and
drains.
This agreement settles a three year old CWA/RCRA
administrative action for violations of special terms of
the City's NPDES permit which allowed the City to
accept for treatment trucked-in hazardous and other
wastes at its publicly-owned treatment works (POTW)
plant RCRA violations included violations of the
permit-by-rule provisions and storage of drums of
hazardous wastes without a permit, and failure to have
interim status for the POTW.
J.Z. Disposal Services (Warren County, Missouri):
James R. Zykan, President, and J.Z. Disposal Services,
Inc. operated a landfill in Warren County, Missouri, the
J.Z. Demolition Landfill. In late August 1993, the
Missouri Department of Natural Resources (MDNR)
ordered Zykan and J.Z. Disposal Services to cease any
and all discharges of leachate, treated or otherwise,
from the J.Z. Demolition Landfill to the Indian Camp
Creek, including any discharges from the leachate
treatment lagoon. From September 1993 onward, JZ
Disposal and Zykan did not have the required permit to
discharge leachate from its J.Z. Demolition facility. On
April 27,1995, Zykan, J. Z. Disposal Service and
James Boyle, an employee, were charged with six
felony violations of the Clean Water Act
On March 8,1996, Zykan was sentenced to 12 months
of supervised probation to include 6 months of home
confinement Zykan had previously deposited
$250,000 into a trust fund account to address
remediation of the leachate problems at the J.Z.
Demolition Landfill.
Midwest Alloys Foundry: Midwest Alloys Foundry
(Midwest) is a high alloy foundry which manufactures
products that have ultimately been used by the
Tennessee Valley Authority. Following a joint
investigation special agents from EPA-CID, the
Immigration and Naturalization Service, and the
Tennessee Valley Authority, Midwest was charged
with ordering employees to dump hazardous waste on
company property, during which an employee was
injured; the unpermitted discharge of cooling water into
Buleau creek in 1995; the false reporting of alloys used
in the composition of rocker washers produced for the
TVA; knowingly engaging in the hiring of unauthorized
aliens; and knowingly providing false statements in
reference to the hiring of unauthorized aliens. Vernon
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Kneib, the Plant Manager at Midwest, was charged
with illegally dumping hazardous waste, and knowingly
providing false information with regard to the hiring of
unauthorized aliens in a document required by
immigration law.
Midwest Alloys was sentenced for its guilty plea to the
above violations on October 4,1996, to two years
probation, ordered to pay fines and restitution in the
amount of $150,000 of which $100,000 would go to
the Missouri Department of Natural Resources
(MDNR); $25,000 to the Tennessee Valley Authority;
$9,000 to the U.S. Immigration and Naturalization
Service; and the remainder to the U.S. Treasury.
Further, Midwest has replaced parts provided to the
TVA at a initial estimated cost of $20,000. Midwest is
still in the process of replacing additional parts
produced. Additionally, Midwest must complete a site
remediation to the satisfaction of MDNR and/or U.S.
EPA Region VH Vemon Kneib was sentenced to two
years non-supervised probation and ordered to pay a
special assessment
National Manufacturing AKA Valentec-Olivette
(Olivette, Missouri): Valentec International
Corporation owned and operated a munitions plant
located at Olivette, Missouri (Valentec-Olivette).
Valentec-Olivette was the subcontractor to Alliant
Technologies of Brooklyn Park, Minnesota, which was
the prime contractor to the Army Research,
Development and Engineering Center, Picatinny
Arsenal, New Jersey, for the production of M829
120mm tank ammunition. Valentec's production
process contaminated a number of waste streams with
cyanide, chromium, zinc phosphate and phosphoric
acid wastes. The investigation revealed that Valentec
was discharging toxic metal zinc in excess of
pretreatment requirements to the Metropolitan Sewer
District
On February 1,1996 Valentec was charged and plead
guilty to a violation of 18 USC 1001, and to the
negligent discharge of pollutants in violation of
pretreatment standards, 33 USC 1319 (c)(l). On
March 21,1996, Valentec was sentenced to pay a fine
of $35,000, to make restitution to the Metropolitan
Sewer District in the amount of $152,432 and an
additional $75,985 for the repair of damaged sewer
lines. An additional $37,500 was to be paid in
restitution to the National Enforcement Investigations
Center, EPA.
Newt Marine Services (Dubuque, Iowa): Dubuque
Barge and Fleet dba Newt Marine Service at Dubuque,
Iowa, was engaged in the cleaning of barges
transporting various goods in interstate commerce on
the Mississippi River. As part of its routine barge
cleaning procedures, the barges, which had contained
various materials such as coal, fertilizer, salt and grain,
would be towed to another location after being
unloaded. If the barges needed to be washed, water
from the Mississippi River would allegedly be pumped
onto the barge and used to rinse the barge, and the rinse
water would then allegedly be discharged directly to the
Mississippi River. Any refuse remaining on the barge
would be gathered into various sized containers and
was allegedly dumped overboard into the Mississippi
River.
On May 17, 1996, and subsequently on June 13, 1996,
Dubuque Barge and Fleet dba Newt Marine, its
President Gary Newt, and five other former or present
managers/supervisors in the company were charged
with Clean Water Act or Rivers and Harbors Act
violations for their part in the alleged illegal activities
stemming from Newt's barge cleaning operations which
resulted in pollutants allegedly being discharged to the
Mississippi River. Four of the defendants have plead
guilty: The remaining defendants, Newt Marine, Gary
Newt and Robert Meana, Operations/Sales Manager,
stand trial in January 1997.
Terra Industries, Inc. (Sioux City, Iowa): At the
request of the Chemical Emergency Prevention and
Preparedness Office (CEPPO), and in accordance with
Section 112(r) of the CAA, EPA released the results of
its investigation into the cause of an explosion of the
ammonium nitrate plant at this nitrogen fertilizer
manufacturing facility. The report released in January
1996 identifies numerous unsafe operating procedures
at the plant as contributing factors to the explosion, and
recommends certain standard operating procedures
which would help prevent similar occurrences at
ammonium nitrate production facilities.
The Terra explosion occurred on December 13,1994,
killing four individuals and injuring 18 others. It also
resulted in the release of approximately 5,700 tons of
anhydrous ammonia to the air and approximately
25,000 gallons of nitric acid to the ground and required
evacuation over a two-state area of over 2,500 persons
from their homes.
In a subsequent action, an administrative civil
complaint alleging violations of EPCRA Sections 312
and 313, and Section 8(a) of TSCA, was filed citing
that Terra International failed to submit Toxic Release
Inventory (TRI) information to EPA in a timely
manner, and data submitted to EPA by Terra failed to
include releases of more than 17 million pounds of
toxic chemicals to the environment on-site.
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REGION Vm
CLEAN Am ACT
Colorado Refining Company (Commerce City,
Colorado): Colorado Refining Company (CRC)
agreed in October 1995 to pay a $320,000 penalty and
will spend about $1.7 million upgrading equipment to
reduce air pollution from its oil refinery in Commerce
City. As part of a settlement with EPA, CRC -- a
subsidiary of Total Petroleum - will modify equipment
to prevent excessive amounts of sulfur dioxide (SO,)
from escaping into the air when the oil refinery is
operating. To achieve this, CRC will upgrade its
"Glaus Plant" or sulfur recovery unit to boost its sulfur
removal capability. The Agency's complaint alleged
two CAA permit violations. One claimed the refinery
degraded air quality when its S02 emissions surpassed
allowable levels several times between 1989 and 1994.
At one point the refinery registered emissions of
16,000 parts per million (ppm).
CRC also allegedly violated CAA emissions
monitoring rules. These rules require companies to
continuously monitor their emissions with devices that
record varying contaminates and levels. If a company
fails to constantly monitor its emissions, or if its
emissions are above permitted limits, it faces State or
federal penalties. EPA claimed CRC's monitoring
equipment had significant down times which prevented
accurate and uninterrupted readings. This is the third
action against CRC in the past five years. Previous
fines totaled about $182,000. CRC experienced a
similar emissions monitoring violation in 1992; the
company settled that complaint for $92,000. Without
admitting to the federal allegations, CRC agreed to pay
the penalty, modify pollution control equipment and
comply with all applicable laws in the future.
U.S. v. Plum Creek Manufacturing (KalispeU,
Montana): Plum Creek Manufacturing, L.P. agreed in
October 1995 to pay $106,000 for releasing harmful
pollutants into the air at its Kalispell plywood plant
The settlement, lodged October 2, in U.S. District
Court in Missoula, resolves government claims that
emissions of visible air contaminants from Plum
Creek's veneer dryers violated the nation's Clean Air
Act (CAA) from at September 1989 through April
1992. Veneer dryer emissions contain a complex
mixture of fine particles and gases that have serious
health implications. In the past, the State has taken
several enforcement actions at both the Kalispell and
Columbia Falls Plum Creek facilities for air pollution
violations. The State previously took an enforcement
action for the Kalispell veneer dryer violations, and
Plum Creek agreed to pay a $7,000 penalty and install
an air pollution control device on the dryers. Because
of Plum Creek's noncompliance history, EPA launched
its own enforcement action. EPA's goals were to
support the State's enforcement program and assess a
higher penalty to remove the economic benefit that
Plum Creek enjoyed by violating the CAA
requirements. Without admitting to the federal
allegations, Plum Creek agreed to pay the penalty and
comply with all applicable laws in the future.
Public Service Company (Hoyden, Colorado):
Public Service Company (PSC) and its partners agreed
to spend some $145 million on air pollution controls,
fines and environmental projects to settle claims
involving the Hayden power station in the Yampa
Valley, west of Steamboat Springs. The agreement, in
the form of a "consent decree," was filed on EPA's
behalf by the U.S. Department of Justice in U.S.
District Court in Denver. The "global" accord will
resolve Sierra Club and EPA claims that the plant
violated air pollution limits, obscured visibility and
increased acid levels in snow at the wilderness area,
situated 19 miles downwind. A citizen lawsuit filed, in
1993, by the Sierra Club under the Clean Air Act
(CAA), coupled with EPA's enforcement action,
compelled all parties to reach an acceptable accord
within six months of face-to-face negotiations. The
settlement requires new air pollution control devices at
the plant to reduce particulate, sulfur dioxide (SO2)
and nitrogen oxides (NOx) emissions. The utilities
also agreed to install the equipment, estimated to cost
about $ 140 million, by the end of 1999. Once
installed, the pollution controls will cut Hayden's SO2
emissions about 85 percent, or 14 thousand tons per
year, and NOx emissions nearly 50 percent, or 7
thousand tons per year. The utilities agreed to pay a $2
million cash penalty and undertake projects that benefit
the local environment. The penalty is the largest CAA
civil penalty in the history of EPA's six-State Region.
It is not tax deductible, nor can it be passed on to
consumers through a rate hike. PSC and its partners
also agreed to spend $2,250,000 on beneficial
environmental projects in the Yampa Valley.
Public Service Company is one of three owners of the
coal-fired power plant and also manages its operations.
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The other owners, also named in the consent decree,
are Salt River Project of Arizona and Pacificorp of
Oregon. Hayden is one of the most profitable power
plants in the country, largely because it currently has
few pollution controls that are now standard for the
industry. The facility has no emissions control
equipment to contain SO2 or NOx and ineffective
controls for small particulate pollution. Yearly
emissions from the plant include about 16 thousand
tons of SO2 and 14 thousand tons of NOx. Meanwhile,
high S02 and NOx emissions have led to the highest
snow-pack acid levels ever recorded in the west The
acid snow can cause severe environmental damage to
the fragile Mount Zirkel ecosystem. In 1993, the Sierra
Club sued the utilities claiming 19,727 opacity
violations at the Hayden plant from 1988 to 1993. A
U.S. District Court ruled in the Sierra Club's favor on
July 21,1995. Earlier this year, EPA issued a violation
notice to the utilities to include an additional 10,234
violations that occurred after the Sierra Club's lawsuit
Without admitting to the federal allegations, the utilities
agreed to pay the penalty and comply with applicable
laws in the future.
Stone Container Corporation (Missoula, Montana):
The U.S. Department of Justice (DOJ) sought a court
order in January 1996 directing Stone Container
Corporation to meet air pollution requirements at its
Missoula mill and pay penalties for past and ongoing
violations. In 1994, the U.S. Environmental Protection
Agency notified Stone that its Missoula mill violated
Clean Air Act (CAA) opacity levels and ordered the
company to abide by national limits. Stone's mill
produces liner board and other paper products by
converting wood chips and cardboard into pulp and
then into paper. According to EPA officials, the mill
failed to correct all problems and continued to impact
air quality in the surrounding area. Therefore, EPA
referred the matter to DOJ, which filed a complaint on
the Agency's behalf.
CERCIA
Bingham CreekARCO (West Jordan, Utah): EPA
filed suit for the recovery of response costs relating the
Bingrmm Creek Phase I action in Salt Lake County,
Utah. EPA, DOJ and ARCO agreed to enter into non-
binding Alternative Dispute Resolution in an attempt to
resolve the litigation. A "mini-trial" (Alternate Dispute
Resolution) proceeding was conducted in April 1996.
This first of its kind proceeding in the Region,
demonstrates the Region's willingness to use ADR in
CERCLA cost recovery actions.
Chemical Handling Corporation (Broomfield,
Colorado): In March, administrative orders on
consent (AOCs) were issued to 758 de minimis PRPs
for recovery of $ 1,097,244.34 in past response costs.
This amount represents approximately 41% of the $2.5
M in response costs EPA presently projects to spend
for this site, which is consistent with the fact that the
settling parties manifested approximately 40% of the
1,260,589.79 gallons of hazardous substances
manifested to the site by all generators, both federal and
private, de minimis and non-de minimis. An AOC for
payment of a portion of the remaining outstanding
response costs is in the final stages of preparation for
sending out to the non-de minimis PRPs. Their
settlement amount, on a per gallon basis, will not be
significantly higher than the amount paid by the de
minimis PRPs, including the premium. In addition,
EPA is pursuing a settlement with the current property
owner. The fairness of this settlement has been praised
by many of the PRPs, resulting in a better than 90%
participation rate among the eligible de minimis
parties. EPA anticipates recovery of 100% of its
response costs, less that amount apportioned to the
owner/operator of the site.
Colorado School of Mines Research Center (Golden,
Colorado): An administrative order on consent was
used to settle out de minimis parties at this site. This
reduced the amount of litigation potential this case
presented as these parties were protected from
contribution lawsuits. One lesson learned in this
settlement was to consider adjusting the premium
charged to de minimis parties when site costs are not
very high and the removal action results in a "No
Further Action" determination. Those PRPs not
eligible for the de minimis settlement are using a
private Superfund allocator to determine how to split
and pay 100% of EPA's outstanding costs.
Hansen Container (Grand Junction, Colorado):
Three administrative orders on consent was used to
settle out de minimis parties at this site. This was a
highly successful settlement which used appropriate
premiums and worked with the PRPs that were not
eligible for the settlement to achieve settlement
protocols that worked for the Agency, and PRPs that
might want to adopt the Agency's allocation of waste
for this site once all of the de minimis parties were
settled out EPA's goal for this site is to achieve 100%
cost recovery while having reduced litigation and
addressed fairness and equity issues with PRPs.
Kennecott Utah Copper - North Facility
Soils/Wastewater Treatment Plant (Magna, Utah):
EPA used CERCLA removal settlement authorities to
enter into an administrative order on consent to conduct
a non-time-critical response action at the Kennecott
North Facility Soils/Wastewater Treatment Plant
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facility. Use of this tool allowed for an accelerated
settlement so that cleanup could begin on this project
with an estimated cost of over $70 million dollars.
McLaren Tailings (Cooke City, Montana): The PRP
for this site filed a section 106(b) claim for
reimbursement from the Fund. Prior to a ruling by the
Environmental Appeals Board, EPA and the PRP have
entered into a settlement agreement in principle, in the
form of a consent decree. The CD was signed by the
PRPs in December of 1996.
North Clear Creek Tails Superfund site (Central
City, Colorado): The Clear Creek/Central City
Superfund site has used EPA's administrative removal
settlement authorities to enter into settlements with
PRPs to conduct removal actions at this site. Through
the use of removal authorities, the Region has
accelerated the pace of cleanups at this site and met the
needs of commercial real estate developers seeking to
redevelop site property for beneficial reuse. In Fiscal
Year 1996, the Region entered into an administrative
order on consent for Removal Action at the North Clear
Creek Tails facility. While this is only one small
facility within the site, the use of EPA's administrative
settlement tools demonstrates that the Region is using
the right tool for the right problem.
Ogden Union Railway and Depot (Ogden, Utah): In
the late Fall/early Winter of 1995, the PRPs conducted
a PRP-lead removal of a historic sludge pond area
which resulted from railroad activities conducted over a
period of the past 100 years. This removal action
meets the MOA commitment of "Worst sites First," as
removal of the sludge pond is the first of several
remedial actions that are anticipated for this area. This
removal action commenced with the issuance of an
AOC to the Union Pacific and Southern Pacific
railroads for a PRP-lead response action designed to
remove, and thus mitigate, the threat of release of
hazardous substances from a large sludge pond located
on the railroad property. The sludge pond, located
within a hundred yards of the Weber River, was
saturated with water for all but a short time span during
the year, due to the shallow water table in the area.
EPA negotiated an AOC with the owners of the site and
the PRP-lead removal action was successfully
completed during the late Fall/Winter of 1995, during
the dry season of the year.
Rocky Flats Cleanup agreement (Colorado): EPA,
DOE, and the State of Colorado, signed the new Rocky
Flats Cleanup agreement (RFCA) in Denver, Colorado
on July 19,1996, after nearly three years of
negotiations. The signatories to the RFCA were EPA's
Deputy Administrator Fred Hansen and Acting Region
Vin Administrator Jack McGraw, Under Secretary of
Energy Tom Crumbly and site manager Jesse
Roberson, and Lieutenant Governor Gail Schoettler and
Tom Looby, Director of Colorado's Office of the
Environment The RFCA contains many innovative
provisions designed to speed up cleanup activities at
the Rocky Flats site. The RFCA streamlines the
regulatory process by dividing the site into two areas -
the industrial area, where the State is the lead regulator,
and the environmental buffer zone, where EPA is the
lead regulator.
Summitville Mine (Summitville, Color ado): The
Region reached a de minimis settlement under
122(g)(4) with the Cleveland-Cliffs Iron Company,
Union Pacific Resources Company, and Union Pacific
Resources Group, Inc. to settle their liabilities for
$700,000. The settlement amount was based on the
parties' contribution to surface water contamination at
the site, the amount of waste materials they left at the
site, and the area of ground they disturbed that must be
reclaimed. Finalization of this settlement is pending
EPA's response to public comments.
Union Pacific Railroad Company (Huron, South
Dakota): On August 21,1996, EPA signed an AOC
with Union Pacific Railroad Company (successor in
interest to Chicago and North Western Transportation
Company who was the former owner/operator of the
site) and Dakota, Minnesota, and Eastern Railroad
Corporation (the current owner/operator of the site).
Use of this tool allowed for an accelerated settlement so
that cleanup could begin on this project with an
estimated cost of $4,000,000. Through the use of
administrative settlement activities, the Region has
maintained a very good working relationship with the
PRPs while allowing them to perform the removal
action and having them agree to reimburse EPA for all
past and AOC-associated response costs at the site.
CLEAN WATER ACT
AUenberg Slough (Flathead County, Montana): A
Texas landowner and a Montana businessman face a
civil penalty of $ 125,000 for alleged environmental
damage to a wetland in Flathead County, Montana,
according to a penalty complaint issued by the U.S.
Environmental Protection Agency in February 1996.
C.P. Medo're of Llano, Texas, and property managers
Terence N. and Greta Carsten of Kalispell hired an
earthmoving contractor to dredge the bottom of the
Altenberg Slough, one half mile north of Highway 82,
and to haul away the material. Instead, some of the
excavated material was placed on the ground along the
slough's perimeter and other material was mounded in
the middle of the slough, forming several islands.
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Unauthorized construction activities in wetlands violate
the nation's Clean Water Act In addition to facing
penalties of up to $125,000 for the illegal work,
Mcdore and Carsten could face as much as $25,000 per
day in civil penalties for failing to comply with a
previous compliance order filed in July 1994. Medore
and Carsten have been directed to pay the penalty and
immediately stop all discharges to the Altenberg
Slough; remove the "dredged and fill" material from the
slough; restore the area within 60 days of the receipt of
the order, and allow access to the land by any
authorized representative of the Corps, EPA or the U.S.
Fish and Wildlife Service to oversee restoration work.
Neighbors have complained that the work has even
caused water levels in the slough to drop, thereby
damaging their access to the water they need. This
wetland area provided habitat for migratory waterfowl
and other birds, mammals, reptiles, amphibians and
fish. It can be restored to its prior condition through
known engineering and scientific practices.
Amoco Oil Company (Casper, Wyoming): Amoco
Oil Company will pay a $404,000 penalty to settle
several alleged environmental violations at its now
closed refinery in Casper, WY. The most serious
offense occurred when Amoco allegedly violated the
nation's Clean Water Act during its refining operations.
EPA charged that between July 1990 and December
1992, the company mixed ground water with
wastewater and sent the mixture to Casper's sewage
treatment facility. The combination of materials posed
a hazard to local water resources and threatened
sewage treatment operations. The agreement also
covers additional charges concerning national
hazardous waste laws. Without admitting to the
allegations, Amoco agreed to pay the fine and comply
with all applicable laws in the future.
City ofBlackhawk (Blackhawk, Colorado): In
September the City of Black Hawk agreed to settle
wetland problems created by the illegal construction of
a water supply pump station on Clear Creek and will
pay a penalty of $61,515, according to an agreement
signed by the City and EPA. Problems stemmed from
the City's construction of a pump station without a U.S.
Army Corps of Engineers Clean Water Act permit in
March 1993. The alleged violations included
excavation and back filling of about 1,800 square feet
of river bed on the north fork of Clear Creek. The
result was temporary loss of wetlands and destruction
of aquatic life in the creek. However, water quality
sampling demonstrated that none of the contamination
entered the City's treated water supply. The City of
Black Hawk has limited its use of the pump station and
is currently awaiting approval of an after-the-fact Clean
Water Act permit from the Corps of Engineers that
addresses the impacts of using the pump station.
Clark Equipment Company (Gwinner, North
Dakota): Clark Equipment Company agreed, in
March, to settle wastewater problems at its facility in
Gwinner, North Dakota and pay a total of $250,000 in
penalties as part of a settlement with the EPA and the
U.S. Department of Justice. Melroe Company, a unit
of the Clark Equipment Company, is a metal-finishing
operation that manufactures small construction
equipment Melroe's discharges exceeded the
industrial limits for copper, lead and zinc,
Clark's failure to sample and analyze wastewater
discharges and submit timely reports that EPA needs to
monitor industry compliance is a violation of the
nation's Clean Water Act. The settlement does not
relieve Clark Equipment of its responsibility to achieve
and maintain complete compliance at the Gwinner
facility.
Emulsified Asphalt (Casper, Wyoming): In April
1996 concern about environmental damage to Deer
Creek's water quality and channel stability has brought
a Federal compliance order against a Casper-based
highway construction and paving company. Emulsified
Asphalt, Inc. allegedly directed subcontractors to build
a dike in Deer Creek and mine a 300-foot long segment
of creek channel for its gravel mining operation in
1991 without authorization from the U.S. Army Corps
of Engineers (Corps). The operation disturbed the
adjacent area and the floodplain of the Creek which
supports diverse plant and animal life. From April
1993 to February 1996 the Wyoming Department of
Environmental Quality and EPA tried to resolve these
Clean Water Act violations through informal
negotiations and a review and comment on various
reclamation plans submitted on behalf of Emulsified.
On February 9,1996, EPA approved a plan which
stated that Emulsified needed to address a number of
specific issues and obtain written approval from the
Corps before starting any reclamation work at the site.
On February 21, EPA learned from Emulsified's
engineering consultant that Emulsified had started work
in Deer Creek without the required authorization from
the Corps. During a March 1996 inspection, the Corps
of Engineers discovered that not only did the work
completed need a permit from the Corps, but the work
did not conform to EPA's conditionally approved
reclamation plan. EPA ordered Emulsified to
immediately stop all discharges of "dredged and fill
material; develop and submit to EPA, within 20 days of
receiving the order, a plan to bring the reclamation
work at the Deer Creek site into conformity with the
reclamation plan that EPA had agreed to conditionally;
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consult with the Corps of Engineers to see if the
restoration work will require a permit and if so, get a
permit before the plan is implemented; complete
reclamation and stream channel restoration of Deer
Creek by the end of August 1996; and re-vegetate the
site by the end of March 1997.
Pegasus Gold Corporation (Phillips County,
Montana): The U.S. Department of Justice and EPA
announced in July 1996 the lodging of a consent decree
in a Federal lawsuit filed by the United States and the
State of Montana against Pegasus Gold Corporation
and Zortman Mining, Inc. for the illegal discharge of
mine waste waters from two mines in Phillips County,
Montana, into waters draining into the Missouri and
Milk Rivers. According to the settlement, Nevada-
based Pegasus Gold Corporation and Zortman Mining,
Inc. will pay $2 million in penalties to the government
and the State of Montana for discharging mine
wastewaters from the Zortman and Landusky mines
located near the Ft Belknap Indian Reservation without
a National Pollutant Discharge Elimination System
(NPDES) permit. Pegasus Gold Corporation and
Zortman Mining, Inc. will also be required to provide
$32.3 million in financial assurance to cover the
compliance requirements of an extensive compliance
plan. The settlement also resolves a citizen suit filed by
the Gros Ventre Tribe, the Assiniboine Tribe, the Ft
Belknap Community Council, and Island Mountain
Protectors Association, which alleged that their
environmental, cultural, and spiritual interests were
impaired by the water quality impacts caused by the
two mines. The Tribes will also receive $1 million
under this agreement for partial settlement of their
aboriginal water rights claim. Additionally, Pegasus
Gold Corporation and Zortman Mining, Inc. have
agreed to perform the following supplemental
environmental projects (at an estimated cost of
$ 1,790,000) a Community Health Evaluation to
investigate the pathways and possible impacts of
environmental contaminants on residents of the Ft.
Belknap Reservation, particularly children; an Asaatje.
Study to evaluate the general health of the aquatic
resources on the Ft Belknap Reservation; and a
number of Improvement Projects to the water supply
systems for the communities of White
Cow/Hays/Mission Housing and the Lodgepole
communities of the Ft Belknap Reservation to improve
the availability, consistency and quality of drinking
water. In addition, a fund of $300,000 will be
established to be used for maintenance and operation of
the improved water systems.
Persona Incorporated (Watertown, South Dakota):
In July 1996 a commercial sign manufacturer in
Watertown, South Dakota, agreed to pay a $57,000
penalty for violating wastewater pretreatment
requirements of the Clean Water Act according to a
consent order filed in Denver. Persona, Incorporated is
a facility using metal-finishing processes. Wastewater
from the business is treated at the Watertown treatment
plant and is then discharged into Willow Creek which
is less than a mile away from the Big Sioux River.
Persona also failed to submit the necessary monitoring
reports EPA needs to monitor industry compliance.
Pretreatment rules are aimed at protecting community
sewage treatment plants by limiting the amounts of
pollutants that industrial users (like Persona) may
discharge into a sewage treatment plant Industrial
dischargers must "pretreat" their wastes to prevent
interference with the operation of community sewage
treatment plants.
EPCRA
Pillow Kingdom (Denver, Colorado): As part of a
settlement, the company agreed to pay a $26,960
penalty and to spend at least $255,400 to prevent or
reduce air pollution at its facilities. EPA investigated
after receiving reports that the company placed rags
soaked with a combustible lacquer-based finish in a
dumpster. The Agency's investigation concluded the
furniture maker allegedly violated the national
Emergency Planning Community Right-to-Know Act
(EPCRA) by failing to properly report the use and
storage of toxic chemicals including xylene, methyl-
ethyl-ketone, toluene, trichloroethane and others; and
neglecting to submit information on chemicals used or
on-hand to State and local emergency preparedness
officials.
The company is now adhering to EPCRA rules, and, as
part of the settlement, agreed to implement a pollution
prevention pilot project The project includes changing
from solvent-based to water-based or alternative
finishing materials; converting most of its spray
equipment to high-volume, low- pressure technology;
and experimenting with environmentally friendly wood
finishing processes.
RCRA
Amoco Oil Company (Casper, Wyoming): In April,
EPA ordered Amoco Oil Company to begin the formal
studies that will shape environmental cleanup at the
company's shut-down refinery on West Yellowstone
Highway at Casper, WY. The order completes an
administrative process that began when EPA issued an
initial order in November 1994. Amoco requested a
hearing on that order and a hearing was held in May
1995. This final order reflects changes which were
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found to be appropriate as a result of the hearing and
documents filed during the administrative process.
The order requires that Amoco's efforts concentrate on
refinery property that lies south of the North Platte
River, on Soda Lake, and the Soda Lake caustic pit
northeast of the "operations" portion of the refinery.
Amoco will have to provide information on past
releases, the extent and depth of contamination of
various kinds, and on any migration of wastes off the
site. Preliminary investigations over the past several
years have found high levels of lead and floating
hydrocarbons on the refinery grounds. At Soda Lake,
oil and grease, benzene, carbon tetrachloride,
chloroform, tetrachloroethylene and dichloroethylene
have been found in inlet water and sludges. Water
samples from Soda Lake showed low levels of
chloroform and methyl-ethyl ketone.
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REGION EX
CLEAN AIR ACT
U.S. v. Chevron, Mobil, Ultramar, and UNOCAL
(California): In the fall of 1996 the Northern and
Central District Courts of California entered consent
decrees in cases involving five oil companies -
Chevron U.S.A. Inc., Chevron Pipe Line Company,
Mobil Oil Corporation, the Union Oil Company of
California, and Ultramar, Inc. - for violations of the
Clean Air Act's New Source Performance Standards
("NSPS"). These cases concern the companies' use of
certain equipment known as "slotted guidepoles" on
petroleum liquid storage vessels. In order to minimize
the release of volatile organic compounds ("VOCs")
into the atmosphere, Subparts Ka and Kb of the NSPS
require that openings in the roofs of certain storage
vessels "be equipped with a cover, seal, or lid"
maintained in a closed position except when in use.
The consent decrees required the five companies to
install pollution control equipment on slotted
guidepoles in use at storage vessels subject to EPA's
NSPS requirements. As further injunctive relief, the
consent decrees required the companies to install
pollution controls on slotted guidepoles at a total of 36
additional non-NSPS tanks. These additional controls
significantly reduce VOC emissions beyond the
minimum required by law. EPA estimates that the
controls obtained by these settlements will result in
VOC emission reductions of at least 140 tons per year.
Three of the five companies are located in an extreme
ozone nonattainment area.
Kelco Division of Merck & Co,, Inc. (San Diego,
California): EPA entered into a consent decree under
the Clean Air Act with the Kelco Division of Merck &
Co., Inc. ("Kelco"), a kelp processing and biogum
production facility located in San Diego, California.
The facility manufactures various algin products by
processing sea kelp and produces several biogums by a
process of biopolymerization. Volatile organic
compounds ("VOCs") are emitted to the atmosphere
during the manufacturing processes. The San Diego
area is a serious nonattainment area for ozone. The
Kelco facility is the largest stationary source of VOC
emissions in San Diego County, accounting for
approximately 36% of San Diego's total emissions from
stationary sources according to the 1991 emissions
inventory.
Between 1982 and 1991, Kelco modified the facility
numerous times without obtaining any authority to
construct ("ATC") or installing equipment that
complied with lowest achievable emission rate as
required by the Clean Air Act's New Source Review
("NSR") program. As a result of EPA's enforcement
action, Kelco negotiated with the San Diego Air
Pollution Control District for a revision of District Rule
67.10, which is applicable to Kelco's facility only, and
agreed to install additional controls to satisfy NSR
requirements and to implement supplemental
environmental projects. Total VOC reductions from
the facility will amount to 1,706 tons per year, a
significant decrease from Kelco's pre-enforcement
releases.
CERCLA
Arizona Copper Mines Initiative: In 1996, EPA and
the State of Arizona concluded several enforcement
actions as part of the Arizona Copper Mines Initiative.
The multi-year initiative was undertaken to assess the
impact of active, inactive and abandoned copper mines
on surface water and groundwater, to develop an
inventory of Arizona copper mines, and to ensure the
cleanup and remediation of contaminated mine sites. A
federal/state task force was formed to implement the
initiative. The U.S. Bureau of Mines, U.S. Forest
Service, Arizona State Mine Inspector's Office,
Arizona Department of Environmental Quality and
EPA Region DC inventoried over 7,000 mines sites,
and a list of approximately 700 high potential problem
mines was developed. The initiative's objectives
include the completion of demonstration projects and
voluntary cleanup of inactive and abandoned mines
through outreach and cooperative agreements with the
mining industry. EPA and the State have, in addition,
taken enforcement action to secure compliance with
federal and State water pollution laws.
In September 1996, the U.S. District Court entered a
consent decree requiring Cyprus Bagdad Copper Corp.
to pay $475,000 to the United States, and $285,000 to
Arizona, to settle violations of the federal Clean Water
Act and the Arizona Environmental Quality Act at the
company's Yavapai County copper mine. la May
1996, the District Court entered another consent decree
requiring Cyprus Miami Mining Corp. to pay penalties
totaling $295,000 to the United States and Arizona for
past violations at its Gila County mine. The decree
with Cyprus Miami further requires that the company
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undertake a "supplemental environmental project" to
stabilize and reclaim inactive tailings impoundments
resulting from historic copper ore milling operations at
the site. The project is scheduled for completion in
1997 and will cost at least $650,000. If the latter
project proves to be infeasible, the decree provides that
Cyprus Miami shall pay additional penalties to the
United States and Arizona. Finally, in March 1996, the
Court entered a consent decree requiring that Cyprus
Sicrrita Corp. pay penalties totaling $88,000 to the
United States and Arizona for past violations at that
company's Pima County mine.
EPA Region DC also completed an administrative
penalty action against the operators of a copper mine in
Pima County. In November 1995, Region DC filed a
consent order finding Oracle Ridge Mining Partners
liable for Clean Water Act violations, and requiring the
partners to pay a $25,000 penalty.
Burbank Operable Unit (OU) (San Fernando Valley,
California): The Burbank OU interim remedy
requires extraction of 12,000 gpm, blending to reduce
nitrate concentrations, and delivery of the treated water
to the City of Burbank water supply system for twenty
years. Under a 1992 consent decree, Lockheed Martin
Corporation ("Lockheed11), the City of Burbank, and
Weber Aircraft Corporation agreed to construct and/or
to fund the capital portions of the remedy, and
Lockheed agreed to operate the remedy for two of the
twenty years of required operation, to pay certain of
EPA's past costs, and to pay oversight costs for the
consent decree activities. EPA issued a unilateral
administrative order ("UAO") to six other PRPs to
require the construction of a nitrate blending facility.
The first phase (6000 gpm extraction capacity) of the
Burbank OU interim remedy began operating in
February 1996. Throughout 1996, EPA engaged in
negotiations with Lockheed, the City of Burbank and
PRPs associated with approximately thirty-five other
Burbank facilities for a second consent decree. The
second decree will require the operation of the last
eighteen years of the remedy, the payment of EPA's
past basin-wide costs not recovered under the first
decree, and payment of EPA's future oversight costs.
Casmalia Resources Hazardous Waste Management
Facility (Santa Barbara, California): On September
17,1996, the United States lodged a consent decree
with a group of approximately 50 hazardous waste
generators to help clean up the Casmalia Resources
Hazardous Waste Management Facility in Santa
Barbara, California, During its sixteen years of
operation from 1973 to 1989, the Casmalia hazardous
waste facility accepted over 4 billion pounds of waste.
After the enactment of RCRA, Casmalia operated in
interim status, but never obtained a final RCRA
operating permit because of continuing deficiencies in
the site's operations. In August, 1992, Region DC
initiated a time-critical CERCLA removal action in
response to deteriorating site conditions. The removal
action kept the site under control and abated the most
imminent threats while negotiations with site
generators proceeded. During this period, the Region
expended over $13 million in removal response
monies.
The agreement represents an innovative approach to
addressing large multi-party sites that are being cleaned
up outside the traditional CERCLA framework. It
defines the parties responsible for performance of site
work for the next ten to fifteen years and the source of
funds to pay for site work hi the future. Under the
terms of the settlement, the settling generators, who
represent about 47% of the waste at the Casmalia
facility, agree to pay for and implement certain cleanup
actions and pay certain costs associated with cleanup of
this large hazardous waste disposal facility.
Quantifiable obligations under the consent decree
exceed $30 million. In addition to the work required of
the Settling Defendants, the consent decree
contemplates offering cashout settlement opportunities
to the remaining 10,000 to 15,000 PRPs. It is
anticipated that these cashouts will help raise sufficient
funds to pay for work not financed by the Settling
Defendants.
U.S. v. Chapman (Palomino Valley, Nevada): On
December 8,1996, a judge of the Northern District of
California granted summary judgment in favor of the
United States for all past response costs in the amount
of S235. OOP in the U.S. v. Chapman suit EPA had
previously settled penalty claims for $50,000. The
case arose as a result of EPA's removal activities at the
H.B. Chapman facility in Palomino Valley, Nevada in
1990. The 5-acre site, primarily used for the
manufacture of machined metal and acrylic products,
was found to have quantities of uncontained and poorly
stored hazardous substances. EPA began the removal
action when the owner, Mr. Chapman, refused to
comply with the CERCLA Section 106 administrative
order. Faced with Mr. Chapman's blatant recalcitrance,
including noncompliance with a subsequent
information request, the United States filed the action
even though EPA costs were relatively low. EPA past
costs for the removal at the Palomino Valley Superfund
site amounted to less than $50,000, but the court
awarded the United States the enforcement costs
incurred by EPA and the Department of Justice. The
DOJ costs exceeded the EPA costs because of the
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defendant's protracted recalcitrance and continued
unwillingness to settle the case.
Glendale North and South Operable Units (OU)
(San Fernando Valley, California): The RODs for
the Glendale OUs, issued in 1993, require the
extraction of 5000 gpm from separate Glendale North
and South extraction well fields, treatment and nitrate
reduction blending at a combined treatment and
blending facility; and delivery of the treated water to
the City of Glendale water supply system for twelve
years. Under a 1994 administrative order on consent
("AOC") with EPA, twenty-five parties performed the
design for the interim remedies. The AOC parties
submitted the final design to EPA on September 30,
1996. Throughout 1996, EPA pursued negotiations
with these and other PRPs to construct, operate and
maintain the interim remedies once EPA approves the
design.
Hendler v. U.S. (California): On October 9,1996,
the Court of Federal Claims rejected a regulatory
takings claim against EPA in Hendler v. U.S. The
plaintiffs, owners of property adjacent to the
Stringfellow Acid Pits NPL site, had sought an award
of at least $18 million against the United States for
installing groundwater monitoring wells on their
property located next to a major Superfund site. The
court's decision, rejecting the plaintiffs' regulatory
takings on ah1 four grounds raised by the United States,
provides an important precedent in support of EPA's
ability to conduct Superfund investigations. The
plaintiffs, owners of approximately 100 acres of
undeveloped land adjacent to the Stringfellow Acid
Pits, had alleged that the installation of the monitoring
wells on their property constituted a regulatory and
physical taking of their property under the Fifth
Amendment. In 1983, EPA had issued an
administrative access order pursuant to CERCLA, and
working with the State of California subsequently
installed a total of 20 monitoring wells on plaintiffs'
property. The wells helped establish that the
groundwater plume containing Stringfellow Superfund
site ran directly through plaintiffs' property.
A 1991 ruling of the Federal Court had previously held
that the installation of the wells constituted a physical
taking, but had not ruled on the regulatory taking issue.
The trial court initially stated that it believed the value
of the physical taking was only $14,500. On plaintiff's
motion for reconsideration, the court agreed to a
damages phase of the trial. This was held on March 17
and 18,1997. The United States argued that the value
of the benefit provided to the plaintiffs exceeded the
value of the well easements. The court's decision is
expected this summer.
Lorentz Barrel & Drum and Stringfellow: Region IX
took action to resolve the liability of small parties at
two major Superfund sites by concluding an
administrative de minimis settlement with 60 parties at
the Lorentz Barrel and Drum site and signing an
agreement with over 100 parties at the Stringfellow
site. Together the two settlements obligate the de
minimis parties to pay over $6.6 million in response
costs to EPA. The de minimis settlement for the
Stringfellow site was lodged as a consent decree on
May 9,1996 in U.S. v. Stringfellow. et al. (Civ. No.
83-250 l)(C.D.Cal.). The de minimis decree, when
entered, will be the fourth consent decree in the case.
The decree would settle the liability of over 100 entities
who will pay a total of $4.8 million to be used for costs
incurred in die operation of the Stringfellow
pretreatment plant beginning January 1,1996. The
waste attributable to all of the settling entities
combined is less than 1% of the total waste deposited at
the site. The Stringfellow NPL site is a former
hazardous waste disposal facility, with total cleanup
costs projected to be between $250 and $475 million.
The de minimis settlement for the Lorentz Barrel and
Drum Superfund site became effective on September
25,1996. This administrative settlement with 60 de
minimis parties obligates the settlers to pay a total of
$1,838,224.30 to EPA and $865,046.72 to the State of
California. Lorentz Barrel and Drum NPL site is a
former barrel and drum recycling facility located in San
Jose, California. During the forty years of operation,
over 3,000 private and public entities in California and
Nevada sent barrels and drums, many of which
contained residues of hazardous substances, to the site.
The de minimis settlement represents the fourth
agreement for the site, including two agreements for
response action and a 1995 de minimis agreement with
88 parties.
North Hollywood Operable Unit (OU) (San
Fernando Valley, California): The North Hollywood
Record of Decision ("ROD"), issued in 1987, requires
extraction of 2000 gallons per minute ("gpm"),
treatment to remove VOCs from groundwater, and
delivery of the treated water to the City of Los Angeles'
water supply system for fifteen years. EPA fund-
financed the construction, operation and maintenance
of this interim remedy, which is operated by the Los
Angeles Department of Water and Power. On August
8,1996, the first partial consent decree resolving
approximately half of the potentially responsible
parties' ("PRPs") liability was entered by the Central
District of California federal court This settlement
recovered $ 4.75 million, consisting of past and
estimated future costs related to this OU and a
percentage of EPA's past basin-wide costs. EPA
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settled the litigation against the remaining PRPs in June
1996, recovering an additional $ 4.8 million.
U.S. v. Omega Chemical Corporation (California):
On September 6,1996, the United States District Court
for the Central District of California granted the United
States' motion for summary judgment in a penalty
action brought pursuant to section 104(e)(5) of
CERCLA. The United States filed this penalty action
after the owner/operator, Omega Chemical
Corporation, refused to grant the U.S. EPA
unconditional access to their property to conduct
necessary removal activities. EPA initially requested
access to the Omega Chemical Corporation site ("site")
around April 10,1995. OCC declined to provide
access unless the U.S. agreed not to use any evidence
found against it in subsequent proceedings. EPA
deemed this to be a denial of access and, on June 26,
1995, sought and received a 60-Day Warrant for
Access from the Court EPA subsequently received an
order in Aid of Access from the Court for the duration
of the removal activities.
EPA sought penalties for OCC's refusal to grant access
for the 78 day period from April 10,1995, to June 26,
1995. On August 6,1996, the Court ruled from the
bench in favor of EPA and imposed a penalty of $2,500
per day for the entire 78-day period, for a total penalty
of $195,000. Judgment was entered on September 6,
1996. Both the per day amount and the total amount
represent the largest denial of access penalties ever
issued under CERCLA. The case thus sends an
important message to parties who refuse to cooperate
with cleanup operations.
U.S. v. Operating Industries, Inc. (Oil) (California):
On July 10,1996, the U.S. District Court for the
Central District of California entered the Fifth Partial
consent decree for the Operating Industries, Inc. (OH)
Superfund site. This cash-out settlement between EPA,
the State of California, and 30 companies will provide
$18.7 million for ongoing operable unit cleanup actions
and other response costs at this 190-acre landfill near
Los Angeles. The decree provides for reduced
settlement payments and/or installments for a number
of parties with documented financial difficulties. Some
settling parties were required to pay premiums for their
failure to participate in prior settlements. Two of the
settlors also paid penalties for their failure to
adequately comply with a Unilateral administrative
order.
U.S. v. United Heckathorn (Richmond, California):
In July of 1996, U.S. District Court Judge Claudia
Wilkin entered four consent decrees worth
approximately $10,000,000 between EPA and all
financially viable PRPs at the United Heckathorn NPL
site in Richmond, California. The decrees provide for
implementation of all remedial actions at the site by
PRPs and substantial recovery of EPA's past costs. As
the result of the settlements, the marine remedial action
at the site (dredging and offsite disposal of 100,000
tons of contaminated sediment) was commenced in
August and is expected to be completed by the end of
1996. Expediting initiation and completion of the
marine remedial action is particularly significant given
the current direct exposure of low income minority
subsistence fishermen to DDT and dieldrin through the
consumption of contaminated fish. In addition,
expediting the marine remedial action will allow the
Port of Richmond to begin its Port deepening project
next spring; the project is the cornerstone of the City of
Richmond's economic redevelopment plan.
The settlements are also significant because they
provided the basis for a contemporaneous
comprehensive settlement among the PRPs that ended
a ten year old private cost recovery court case in which
the PRPs had spent more in litigation costs than the
expected costs of the remedial actions at the site. The
settlements were also the first settlements to implement
the EPA Orphan Share policy resulting in EPA
forgoing $1.5 million in past costs in recognition of the
orphan share that resulted when the former site
operator was determined to be a disolved and defunct
corporation.
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REGION X
CLEAN Am ACT
United States v. Kaiser Aluminum and Chemical
Corporation (Spokane, WA): A consent decree with
Kaiser Aluminum and Chemical Corporation was
entered January 16,1996, in the U.S. District Court for
the Eastern District of Washington to resolve alleged
opacity violations at the company's Trentwood Works
Facility in Spokane, Washington. Kaiser agreed to pay
a civil penalty of $500,000 and to complete a program
of plant improvements and operational changes to
achieve and maintain compliance with the opacity
standards contained in the Washington State
Implementation Plan. These projects include
installation of an emission control system and
continuous opacity monitors on the furnace stacks. The
initial capital costs for these projects will exceed $10
million.
United States v. Tesoro Alaska Petroleum Company
(Kenai,AK): A consent decree with Tesoro Alaska
Petroleum Company was entered June 4,1996, to
resolve numerous alleged violations of the NSPS
regulations at Tesoro's petroleum refinery in Kenai,
Alaska. Tesoro agreed to pay a civil penalty of $ 1.3
million and to implement a supplemental
environmental project The SEP will reduce VOC
emissions from the facility by about 139 tons per year.
CERCLA
Hanford (Hanford, Washington): The State of
Washington, EPA and the Department of Energy-the
three parties to the Hanford Federal Facility agreement
and consent order—agreed to establish a single
regulator for each cleanup activity and milestone. This
apparently is the first order modified to incorporate the
concept of a "single regulator at federal facility sites,"
the Superfund reform announced by Administrator
Browner in October 1995.
King Salmon Airport (Alaska): USAF King Salmon
3 Party agreement — EPA Region X has negotiated an
agreement with the Alaska Department of
Environmental Quality (ADEC) and the USAF to
establish a framework for carrying out the selected
interim remedial action at the site according to
CERCLA. EPA's role is to provide technical
assistance and consultation to the USAF and ADEC in
carrying out the agreement EPA does not have a direct
enforcement role in this agreement King Salmon
Airport was a barrel, metal and wood disposal area.
Contamination of soil, groundwater, surface water and
sediments with PCB, TCE, Arsenic, Cadmium, Lead
and Mercury are present. Remedial action requires that
a cap be designed and installed, along with
groundwater monitoring. This agreement is unique in
that the facility would be cleaned up using CERCLA
protocol as the Governor of Alaska would not agree to
putting this facility on the NPL. The Regional
Administrator is set to sign this agreement on
November 13,19%.
Port Hadlock Detachment (Hadlock, Washington):
On July 16,1996 an interagency agreement between
EPA Region X, the U.S. Navy and the State of
Washington was reached in addressing remedial
actions to be conducted at the Naval Ordnance Center
Pacific Division, Port Hadlock Detachment, Hadlock,
Washington. This agreement is significant since it
provides the lead for regulatory oversight to the State of
Washington. The agreement also has unique CERCLA
109 penalty provision and dispute resolution.
TuIaUp Landfill (Marysville, Washington): 186
PRPs signed a de minimis administrative order on
consent to settle as minor contributors at the Tulalip
Landfill Superfund site. These de minimis settlors
agreed to pay $8 million towards total estimated
response costs of $40 million, including paying a 100%
premium on future costs. Region X also filed its initial
brief on behalf of the United States in the Tulalip
Landfill SRA Allocation Project The brief is the first
filed by EPA in the SRA Allocation Pilot and was
closely coordinated with DOJ, EPA Headquarters and
the Tulalip Tribes.
United States v. Western Processing (Kent,
Washington): We received a favorable ruling in the
Western Processing Superfund litigation on the issue of
the recoverability of oversight costs. The court rejected
defendants' request to follow the reasoning of the Third
Circuit in Rohm and Haas. This is the first case in the
Western District of Washington to address this issue.
CLEAN WATER ACT
Cook Inlet Oil and Gas Platforms (Cook Inlet,
Alaska): Marathon, Shell and Unocal agreed to pay a
combined penalty of $212,500 for allegedly
discharging pollutants in excess of the limits of their
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NPDES permits for 18 offshore oil and gas platforms
in Cook Inlet, Alaska.
EspUn Dairy (Nehatem Bay Oregon): Esplin Dairy
allegedly discharged approximately 900,000 pounds
per year of animal waste to a slough discharging to
Nehalem Bay, Oregon. In response to an EPA order,
the dairy set up a system to keep manure from
contaminating clean water and installed a 10,000
gallon tank to collect wastewater before pumping it to
larger containment facilities. The wastewater is high in
fecal coliform bacteria, BOD, TSS and nutrients.
Four Brothers Dairy (Shoshone, Idaho): For the
alleged unpermitted discharge of an estimated 561,000
gallons of wastewater from its Shoshone, Idaho, dairy
to a canal draining to the Snake River, the Four
Brothers Dairy paid a penalty of $7,350. EPA
measured fecal coliform levels as high as 180,000
colonies/100 ml in the wastewater in the canal.
Glenger Farms, Inc. (TUlamookBay, Oregon):
Gienger Farms allegedly discharged approximately 1.3
million gallons of manure laden wastewater to drainage
ditches flowing into Tillamook Bay, Oregon, without a
permit In response to an EPA administrative
complaint, the farm paid a $20,000 penalty and
modified its operations to separate clean water from
contaminated material, thereby extending the holding
capacity of its wastewater storage lagoon from two to
57 days. In addition, the facility began monitoring and
managing its land application practices, thus preventing
the discharge of wastewater containing about 6,435
pounds of BOD and TSS to waters of the U.S.
Ketchikan Pulp Company (Ketchikan, Alaska): We
received a favorable ruling from the administrative law
judge on the permit-as-a-shield defense in this Clean
Water Act administrative enforcement proceeding.
The Region had alleged that a large cooking acid spill
and a multimillion gallon flocculent release were
unpermitted discharges. Ketchikan Pulp Company
(KPC) argued that these discharges were lawful so long
as the mill's total discharge complied with the permit's
end-of-pipe effluent limits. The judge held that the
discharges were illegal because KPC's permit did not
specifically authorize them and because KPC's permit
application did not disclose the types of discharges that
occurred.
Misty Meadow Dairy (Tillamook, Oregon): For the
alleged unpermitted discharge of about 685,000
pounds of manure per year to navigable waters flowing
into Tillamook Bay, Oregon, Misty Meadow Dairy
agreed to pay a $6,000 fine. The dairy is expected to
sell hah0 its herd in order to allow more flexibility in
managing waste accumulations.
Port Townsend Paper Corporation (Port
TownsendfWashington): Port Townsend Paper
Corporation, a Washington pulp and paper company,
paid an administrative penalty of $5,000 for allegedly
violating EPA's Facility Response Plan (FRP)
regulations, This the first case in the nation assessing a
penalty for FRP violations. The new regulations,
authorized by the Oil Pollution Act of 1990, require oil
facilities that pose a greater significant risk to the
environment, based on their storage capacity and
proximity to sensitive ecosystems, to prepare FRPs and
to submit them to EPA for approval.
Veerman Dairy (St. Paul, Oregon): Veeman Dairy
paid a $ 1,000 penalty for allegedly discharging 52 to
78 million gallons of wastewater to navigable waters
flowing into the Willamette River, Oregon. In response
to a separate compliance order, the dairy will repair
and maintain its wastewater storage ponds to eliminate
future discharges.
EPCRA
American Cabinet Concepts, Inc. (Longview,
Washington): American Cabinet Concepts, Inc., of
Longview, Washington, agreed to pay a penalty of
$6,577 and to install a Dowmar Solvent Still, valued at
$5,214, to reduce its use of xylene.
Bullseye Glass Company (Portland, Oregon):
Bullseye Glass Company of Portland, Oregon, agreed
to pay a penalty of $5,060 and to investigate and
implement ways to reduce the amount of lead used in
its manufacturing process. The project value was
$21,124.
James River Corporation (Comas, Washington):
James River Corporation of Camas, Washington,
agreed to pay a $12,750 penalty and to spend $47,650
to install two hot water parts washers to replace
existing solvent-based washers, thus eliminating its
annual use of about 34,840 pounds of solvent
TiUamook County Creamery (Tillamook, Oregon):
Tillamook County Creamery, Oregon, agreed to pay a
$21,683 penalty and to spend $97,332 for fencing to
keep livestock away from waterways discharging to
Tillamook Bay.
RCRA
Cook Inlet Pipeline (Drift River, Alaska): Cook Inlet
Pipeline Company in Alaska signed a RCRA
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administrative order on consent agreeing to pay a civil
penalty of $344,000 for the unpermitted storage of
benzene waste in six surface impoundments. As part of
the settlement, the facility agreed to investigate other
releases of contamination at their facility.
Shemya Air Force Base (Shemya, Alaska): For
alleged RCRA violations involving the illegal storage
of hazardous waste, Shemya Air Force Base (now
Eareckson Air Force Base) in Alaska agreed to a
penalty of $270,000. Up to $ 150,000 will be offset by
the costs of construction of a hazardous waste transfer
facility.
TSCA
Roseburg Forest Products (Riddle, Oregon):
Roseburg Forest Products, Riddle, Oregon, agreed to
pay a $2,287 penalty and to spend at least $24,000 to
remove and dispose of two large PCB transformers and
to encapsulate PCBs at its facility.
Tanana Power Company (Tanana, Alaska): Tanana
Power Company in Alaska agreed to pay $5,500 and to
spend $36,000 for the early removal and disposal of
PCB electrical equipment
U.S. Oil & Refining (Tacoma, Washington): U.S.
Oil & Refining, Tacoma, Washington, agreed to pay a
$18,360 penalty and to spend $200,000 to install a
crude unit gas recovery compressor to reduce the
volume of emissions from the burning of natural gas.
City of Wrangell (Wrangell, Alaska): The City of
Wrangell, Alaska, agreed to pay a penalty of $ 1,359
and to spend $2,258 to remove and properly dispose of
three large high voltage capacitors containing 257
pounds of PCBs.
MULTIMEDIA
V-l Oil (Reston, Idaho): Region X issued a unilateral
administrative order to V-l Oil Company in Preston,
Idaho, under the combined authority of CWA §§ 311O
and (e) and RCRA § 7003, requiring cleanup of oil
discharged to groundwater from underground storage
tanks. This was the Region's first cleanup order
issued under the oil spill cleanup authorities of the
Clean Water Act. This authority has been exercised
in only a few instances in other regions. The order
was prompted by recent reports of explosive levels of
petroleum vapors accumulating in residences near the
facility.
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OFFICE OF REGULATORY ENFORCEMENT
Clean Air Act
US v. Georgia-Pacific: The largest Clean Air Act
enforcement action that EPA has undertaken to date
was against the Georgia-Pacific Corporation, which
will spend more than $35 million in injunctive relief,
penalties and supplemental projects to settle allegations
that it illegally poured tons of volatile organic
compounds (VOCs) annually into the air at its wood
product factories in eight southeastern states. The
federal government alleged that the company failed to
obtain permits before modifying 18 of its wood
processing facilities, failed to accurately report the
amount of VOCs that it emitted into the air, and
neglected to install pollution control technology at 11
of its facilities. VOCs produce ozone, a component hi
ground-level smog, which can cause breathing
problems, reduced resistance to colds and other
infections, and speed up aging of lung tissue, especially
for the young, the elderly, and people with respiratory
problems. It also causes damage to plant life by
reducing crop yields and impeding plant growth.
The settlement affects more facilities than any other
case ever brought under the Clean Air Act, which is
designed to ensure that air quality does not deteriorate
in areas of the country that have been deemed to have
clean air. Georgia-Pacific will spend $25 million
installing "state of the art" pollution control technology
at the 11 facilities, pay a $6 million civil fine to the
U.S. Treasury, spend another $4.25 million on
beneficial environmental projects in the southeast, and
conduct comprehensive clean air audits at all its wood
product plants. The settlement will reduce ozone-
forming emissions from these plants by at least 90
percent, which translates into 10 million pounds of
harmful air pollution per year.
£7.5". v. General Motors: The General Motors
Corporation will spend more than $45 million to settle
government charges that it put illegal devices to defeat
pollution controls inside nearly 500,000 Cadillacs since
1991 that resulted in carbon monoxide emissions of up
to three times the legal limit — a total of approximately
100,000 tons of excess carbon monoxide pollution.
Carbon monoxide can cause cardie-pulmonary
problems, headache, and impaired vision. The case is
the largest ever brought under the Clean Air Act for
cars and truck emissions, and the first judicial auto
recall to curb damage to the environment
The settlement resolved federal allegations that GM
sold vehicles that did not meet the requirements of the
Clean Air Act, tampered with certain 1991-2 model
year Cadillacs, and failed to describe the use of
emission control devices to EPA. GM will pay an $11
million fine, spend more than $25 million to recall and
retrofit more than 550,000 polluting vehicles, and
spend more than $7 million on environmental projects
in areas with serious air quality problems in California,
Arizona, New York, Connecticut, Massachusetts and
New Hampshire. When the vehicle recall is completed,
at least 120,000 fewer tons of carbon monoxide will be
emitted into the air over the next five years.
Clean Water Act
United States v. District of Columbia (Blue Plains
Litigation): On August 6,1996, a Federal District
Court approved and entered a judicial settlement
agreement requiring the District of Columbia to
upgrade the Blue Plains wastewater treatment plant to
prevent illegal discharges into the Potomac River.
Entry of the agreement was opposed by the
Commonwealth of Virginia, which favored a broader
settlement The agreement settles allegations that the
District of Columbia failed to operate and maintain the
treatment facility in accordance with a permit issued by
EPA, in violation of the Clean Water. In 1995, EPA
inspected the plant and found that conditions at the
facility were deteriorating. Large amounts of user
charge revenues collected by the District of Columbia
were not being made available to pay for the cost of
operating and maintaining the treatment plant
Under the agreement, the District of Columbia (1) will
take steps to improve the way it operates and maintains
the facility (including the dedication of user charges to
Blue Plains), (2) will launch a $20 million effort to
upgrade the facility's water treatment equipment, and
(3) will ensure that the plant does not discharge high
concentrations of chemical pollutants and harmful
microorganisms into the Potomac River. Excess
discharges of ammonia, nitrogen, chlorine and certain
microorganisms can significantly damage aquatic life.
Inadequately treated sewage can increase the health
risks for people who use the river for recreational uses
like boating, fishing and swimming. The District Court
found that "the terms of the agreement contribute to the
restoration and maintenance of the chemical, physical,
and biological integrity of the nation's water."
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United States and State of Montana v. Pegasus Gold
Corp. AndZortman Mining, Inc. and Gros Venire
Tribe, Assiniboine Tribe, Ft Belknap Community
Council, and Island Mountain Protectors
Association v. Zortman Mining, Inc. Consolidated
Settlement: The Zortman and Landusky mines have
produced between 110,000 and 113,000 ounces of
gold per year between 1979 and 1995. The gold is
produced from low grade ore (0.010-0.040 ounces gold
per ton of ore) by cyanide heap leaching operations.
This process produces between 400,000 to 900,000
ounces per year of silver as a by-product. For at least
five years, Pegasus and Zortman discharged low pH,
metal-laden (toxic) mine drainage, process water
(containing cyanide, nitrates, and heavy metals), and
other wastewaters without NPDES permits. Water
quality was significantly impacted by the acid mine
drainage from the facilities (pH has declined to 2.8
from 7.8), high levels of sulfate (4,090 mg/1), iron and
arsenic were found. A civil judicial action was filed
against Zortman and Pegasus on December 19,1994.
A consent agreement settling this action was lodged on
July 23,1996. Under the terms of that agreement, the
defendants may only discharge mine wastewater in
accordance with interim effluent limitations contained
in the decree, the Storm Management Plan contained in
the decree, the compliance plan or any legally
enforceable Montana NPDES permit. Additionally, the
defendants will conduct a ground water investigation to
determine the nature and extent of ground water
contamination and compliance with Montana's ground
water quality standards. Whole effluent toxicity testing
will be used to monitor compliance. Defendants will
also pay a civil penalty of $2 million to be split
between the U.S. and the State, as well as perform
several supplement environmental projects valued at
approximately $1.5 million. In addition, the Tribes will
receive a cash settlement of $1 million, in partial
settlement of their aboriginal water rights claim.
The company will fund an investigation of the pathways
and possible impacts of environmental contaminants on
residents of the Ft Belknap Reservation, particularly
children; fund a 3 year investigation of the general
health of aquatic resources on the abutting portions of
the Ft Belknap Reservation; and make improvements
to the water supply systems of the communities of the
White Crow/Hays/Mission Housing community. This
is the largest total settlement to date for a Clean Water
Act violations in Region Vm.
RCRA
Harmon Electronics/Beaumont: In these
consolidated cases, EPA filed RCRA administrative
enforcement actions where the delegated States had
brought enforcement actions for some of the same
violations — a practice referred to as "overfiling." An
Administrative Law Judge (ALJ) in the Region HI
Beaumont matter ruled that such actions are barred,
even here where the State's enforcement response was
severely inadequate. The ALJ ruled that EPA can file
such actions only where the delegated State fails to act.
Although EPA only overflies in rare circumstances, it is
important to have the authority to overfile when, for
example, the terms of a State-negotiated consent decree
fail to protect human health and the environment
because the provisions for injunctive relief are non-
existent or insufficient
The EAB consolidated the Beaumont case with the
Region VII Harmon Electronics matter because both
involve issues regarding the potential limits on EPA's
overfiling authority. The specific issues before the
EAB were: (1) whether resjudicata or collateral
estoppel preclude EPA from overfiling a RCRA
administrative action when a State already has
adjudicated the same violations under its own
authorized program; (2) whether Harmon should
qualify for penalty adjustments under EPA's 1995
Audit Policy; and (3) whether Harmon's violations are
"continuing" for statute of limitations purposes and, if
so, whether the action is nevertheless barred by 28
U.S.C. § 2462 because the alleged claims first accrued
more than five years before the Region commenced its
action. At oral argument on May 1,1996, EPA argued
that resjudicata or collateral estoppel do not preclude
these actions, that the Audit Policy is intended for use
only in settlement and not in litigation (but mat Harmon
failed to meet the terms of the policy anyway), and that
Harmon's active conduct in operating a hazardous
waste land disposal facility without a permit is not
barred by the statute of limitations. A decision by the
EAB is pending.
United States and the State of Louisiana v. Marine
Shale Processors, Inc. etaL: This nationally
significant enforcement action came to a conclusion on
April 18,1996, when the U.S. Court of Appeals for the
5th Circuit handed a decision strongly in favor of the
governments. MSP had appealed the August 30,1994
order by the United States District Court for the
Western District of Louisiana which assessed an $8
million penalty against the company for violations of
the Clean Air Act, Clean Water Act and RCRA storage
requirements and Region VTs denial of MSP's
Industrial Furnace permit application. The Fifth
Circuit upheld EPA's denial of MSP's permit
application and vacated and remanded the United
States District Court for the Western District of
Louisiana's ruling that the certain material processed
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separately at the MSP facility produced a "product"
that is not a hazardous waste under RCRA. The Fifth
Circuit also reversed the District Court and held that
MSP lacked interim status to store RCRA hazardous
wastes, and ruled that the federal government may
enforce MSP's CAA permit Finally, the Fifth Circuit
upheld $4 million assessment of penalties but-reversed
and remanded some of the District Court's penalty
decisions for reconsideration.
OnJune21,1996, EPA notified MSP that its permit
had been denied and that any possible authority they
may have had to operate was terminated. The company
was ordered to cease accepting all hazardous waste;
bum or send off-site any hazardous waste stored at the
site within two weeks; and submit a closure plan to
EPA which would provide for closure of all hazardous
waste management units at the facility and require
removal of all ash from the facility and MSP's sister
corporation, Recycling Park Inc. After six years of
litigation, the unpermitted incinerator operated by
Marine Shale Processors, Inc. (MSP) of Amelia,
Louisiana was shut down. Once one of the largest
burners of hazardous waste in the United States, the
facility can no longer receive or bum hazardous waste.
The closure was the result of a determined enforcement
action brought by the United States and the State of
Louisiana to protect the citizens of South Louisiana and
ensure the integrity of the RCRA permitting program
established by Congress.
FIFRA
jyizer/AgrEvo: Reporting of unreasonable adverse
effects information is required under FIFRA section
6(a)(2), and failure to submit such reports has resulted
in a $192,000 settlement involving AgrEvo
Environmental Health, Inc. and Pfizer, Inc. The case
arose in early 1994 after an individual reported
disabling neurological symptoms and chemical
sensitivity after using RID products to kill lice. The
ensuing EPA investigation revealed numerous
additional unreported incidents involving RID which is
manufactured by AgrEvo and distributed by Pfizer.
EPA amended the complaint charging 24 counts
against each company. FIFRA §6(a)(2) requires
pesticide registrants to submit to EPA any additional
information (beyond that submitted in the pesticide
registration process) that they have regarding
unreasonable adverse effects of their pesticides on
human health or the environment The information is
used by the Agency in the determination of risks
associated with pesticides.
Rohm and Haas Company: This complaint cited
Rohm and Haas for 66 violations under FIFRA section
12(a)(l)(c), for the distribution or sale of a registered
pesticide the composition of which differed from the
composition as described in the statement required in
connection with its registration under FIFRA section 3.
The Agency registers pesticides based upon the
accurate assessment of components used in the
manufacture of the product. Use of an unapproved
formula can lead to production of a pesticide for which
no assessment of risk has been determined or result in
unknown synergistic effects. Following settlement
negotiations, and in accordance with the FIFRA
Enforcement Response Policy, the original penalty of
$330,000 was reduced to $118,800, based on a 20%
reduction to the gravity level, a 40% reduction for
immediate self-disclosure, mitigation, and corrective
actions, and a 15% reduction for good attitude,
cooperation, and efforts to comply with FIFRA.
TSCA
ElfAtochem North America, Inc.: An administrative
complaint, dated June 21,1994 was issued to
respondent ElfAtochem North America, Inc. alleging
reporting violations of Sections 5,8, and 13 of TSCA.
The adjusted total proposed civil penalty in the
complaint was $489,000 since the respondent
voluntarily disclosed the violations to EPA. The
parties engaged in extensive negotiations which
resulted in a consent agreement in which respondent
agreed to pay a civil penalty in the sum of $291,900,
and to perform a pollution prevention Supplemental
Environmental Project (SEP), estimated to cost the
respondent more than $ 1,000,000. The company has
agreed to perform a voluntary TSCA audit at 28
facilities under conditions specified in the consent
agreement
The purpose of the PMN and import certification
requirements is to allow EPA to assess the potential
health and environmental impacts of chemicals before
they enter into commerce. The SEP will serve to lessen
public health risks, and the inclusion of an auditing
obligation in settling a complaint for past violations
(not subject to this future voluntary audit) would
promote the goal of the final audit policy "to enhance
protection of human health and the environment by
encouraging regulated entities to voluntarily discover,
disclose and correct violations of environmental
requirements."
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CRIMINAL
United States v. John P. Sochocky dbaA'QuaUty
Environmental Services (Eastern District of
Pennsylvania): John P. Sochocky; an owner, operator,
and project manager of A'Quality Environmental
Services of Hammonton, New Jersey, was sentenced to
6 months incarceration and 3 years of probation for
violating federal law and regulations for the safe
removal and disposal of asbestos. In the process,
workers removing the asbestos and children who lived
near the site of the illegal removal and disposal were
exposed to airborne asbestos fibers. Prolonged
exposure and inhalation of asbestos fibers can cause
cancer and asbcstosis, a lung disease which can lead to
breathing difficulty and death. The criminal offenses
began in May 1992, when Sochocky entered into a
contract with Consolidated Rail Corporation
(CONRAIL) to remove asbestos from a gantry next to a
grain elevator located in Philadelphia, Pennsylvania.
Workers were exposed when asbestos was removed
from pipes inside the gantry without adequately wetting
it to prevent the asbestos fibers from becoming
airborne. During the removal, 500 bags of asbestos
material were abandoned by the defendant from June
1992 through early 1993. EPA discovered the asbestos
violations following a citizen complaint
Neighborhood children became exposed after they
entered the unsecured gantry area through an open gate
and dropped bags of asbestos through holes in the floor
of the grain elevator to watch them splatter as they hit
the ground. Conrail has since cleaned up and razed the
site. This case was investigated by EPA's Criminal
Investigation Division and the Philadelphia
Environmental Crimes Task Force.
United States v. Arizona Chemical Co., Inc.
(Southern District of Mississippi): The Arizona
Chemical Company, Inc., a wholly owned subsidiary of
International Paper Company which operates chemical
manufacturing plants in Gulfport and Picayune,
Mississippi, plead guilty and was fined $2.5 million
and ordered to pay $1.5 million in restitution to the
Pollution Emergency Fund of the Mississippi
Department of Environmental Quality (MDEQ) for
felony violations of the Clean Water Act (CWA) and
the Resource Conservation and Recovery Act (RCRA).
Arizona Chemical admitted to two felony counts of
violating the CWA at its Gulfport plant The violations
occurred as a result of manipulating the plant's
wastewater treatment system on sampling days so that
it could report more favorable results under the plant's
National Pollution Discharge Elimination System
permit The manipulation was accomplished by diluting
the wastewater stream and/or reducing the flow of
wastewater prior to and during sampling. The
company also admitted to one felony RCRA count
involving the Picayune plant which had accumulated
and stored a number of drums containing hazardous
waste and had intentionally mischaracterized some of
the drums as "cleaning oil" on inventory sheets. The
case was investigated by EPA's Criminal Investigation
Division, the FBI, and MDEQ.
United States v. Mark O. Henry, et al(District of
New Hampshire): Mark O. Henry, director and
treasurer of Beede Waste Oil of Plaistow, New
Hampshire, was sentenced to 37 months incarceration
followed by two years of supervised release for a
February 22,1996 jury trial conviction on two counts
of wire fraud, two counts of mail fraud, and one count
of conspiracy to violate the Resource Conservation and
Recovery Act (RCRA) arising from shipping soil
contaminated with hazardous waste to an unpermitted
disposal facility. A co-defendant, Robert LaFlamme,
who was Beede's manager, pleaded guilty to
conspiracy to violate RCRA and was sentenced to
twelve months in prison and twelve months of
supervised release. Henry and LaFlamme had devised
a scheme to defraud approximately 75 companies and
individuals who were trying to comply with
environmental laws concerning the disposal of
hazardous wastes. The two defendants accepted
approximately 28,000 tons of soil contaminated with
hazardous waste claiming that it would be transported
to Beede Waste Oil and recycled into asphalt Henry
and LaFlamme knew that this hazardous waste would
not be recycled and that Beede Waste Oil could not
accept more than 3,000 tons of contaminated soil
according to its New Hampshire storage permit. Beede
Waste Oil received $1 million as a result of this
recycling fraud. The State of New Hampshire has, to
date, spent approximately $ 1 million and the federal
government has spent $100,000 on clean up efforts at
the Beede site. Several large piles of soil contaminated
with hazardous waste, in addition to hundreds of drums
and storage tanks containing hazardous waste remain at
the site. The case was investigated by EPA's Criminal
Investigation Division.
United States v. Richard Hub, et al (District of
Kansas): Richard Hub of Tulsa, Oklahoma was
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sentenced to three years in federal prison and ordered
to pay $50,000 in restitution for willfully injecting
hazardous liquid waste into a disposal well in
CoSeyville, Kansas, without a license from the Kansas
Corporation Commission between September 1991
and January 24,1992. Hub's company, Bio-Clean (also
known as Genesis Industries and Oil Recovery
Technology) operated a waste storage and disposal
facility at the OK Oil site in CoffeyviUe. Hub injected
the waste into a disposal well that was not classified to
accept hazardous waste. The case was investigated by
EPA's Criminal Investigation Division with the
assistance of the Kansas Corporation Commission.
United States v. Bruce R. Burrell (Southern District
of Florida): Bruce R. Burrell was sentenced in Miami,
FL to one year in prison (with credit for time served) a .
fine of $75,000, and required to pay excise taxes owed
to the United States for conspiracy, violation of the
Clean Air Act, and tax evasion with a respect to a
scheme to illegally import the ozone-destroying
substance CFG-12, an outlawed refrigerant gas
commonly known by the trade name "freon." Burrell
previously pleaded guilty in U. S. District Court in
Miami to conspiring to import over 19,000 thirty-
pound cylinders (approximately 288 tons) of CFC-12.
Casey Raja, a co-defendant, was previously sentenced
to one year in prison and $100,000 in fines in April'
1996. Both men are liable for the unpaid taxes which,
with a 75% fraud penalty and other fines from the
Internal Revenue Service, could amount to $6,000,000.
Beginning in April, 1993, Burrell, Casey Raja, and
other co-conspirators illegally imported freon into the
United States through various ports and sold it
domestically as if it had been legally imported and as if
excise taxes had been paid. The sales were made
through corporations established under fictitious
identities or the identities of people not involved in the
conspiracy. Proceeds of the sales were laundered
through bank accounts in South Florida established
under fictitious names or the names of nominee
corporations, and were also transferred to offshore
accounts as part of the laundering process. Defendants
in this case attempted to obstruct justice by trying to
persuade witnesses to lie to investigators, commit
perjury before the grand jury and alter or destroy
subpoenaed documents. Burrell was previously
extradited from Costa Rica on June 12,1996, where he
had been imprisoned since December of 1995, after
being arrested by the Costa Rican government
subsequent to his indictment in the United States. This
is one of 19 CFC smuggling cases investigated by EPA
in cooperation with other federal government agencies
inFY 1996.
United States v. Robert Cyphers (District of Oregon):
Robert Cyphers, former owner of UST Environmental
Services, pled guilty and was sentenced to 30 months
of imprisonment for multiple counts of making false
statements. Cyphers' company performed removal of
leaking underground storage tanks and remediation of
contaminated soil and groundwater. Cyphers submitted
over one thousand fictitious documents to the Oregon
Department of Environmental Quality concerning
laboratory analysis reports regarding soil and water
taken from the contaminated sites. The analyses were
never conducted.
United States v. Bunker Group, et aL (District of
Puerto Rico): Pedro Rivera, General Manager of
Bunker Group Puerto Rico, and three corporate
defendants, Bunker Group Puerto Rico, Bunker Group
Incorporated, and New England Marine Services were
convicted on felony and misdemeanor charges in
Federal Court for their roles in the January 7, 1994
spill of more than 750,000 gallons of oil in the waters
off of Puerto Rico's Escambron Beach. Mr. Rivera
was sentenced to spend six months in a half-way house;
serve two years of supervised release, the first six
months of which will be in home confinement; pay a
$ 10,000 fine, and perform 120 hours of community
service. Each of the three corporations was assessed a
$25 million fine, all of which are currently on appeal.
Prior to the spill the beach was in pristine condition
and was an important source of tourist revenue. The
spill occurred when the barge Morris J. Berman. which
was carrying nearly 35,000 barrels of number 6 fuel oil
broke loose from the tugboat Emily S after an
improperly repaired tow cable broke while all but one
of the crew were asleep. Capt Roy A McMichael, Jr.,
who was in command of the Emily S. testified. Both he
and First Mate Victor Martinez, who was .supposed to
be on watch that night previously pled guilty to
violations of the Clean Water Act The three
corporations belong to the Frank's family of
corporations whose assets were placed under court
supervision on April 6,1994 by the federal courts.
These convictions were the result of close cooperation
between agents of the EPA Criminal Investigation
Division, the U.S. Coast Guard, and the FBI.
United States v. James J. Wilson (District of
Maryland): James J. Wilson, Chairman of the Board
of Interstate General, a publicly-traded real estate
development company was sentenced in U.S. District
Court, in Greenbelt, Maryland to a fine of $1 million
and 21 months imprisonment for illegal filling of
wetlands in Charles County, Maryland. In addition,
fines of $3 million were imposed on two companies
that took part in the development of the land where the
wetlands were filled. Wilson was ordered to pay the
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personal fine of $1 million within six. months. In
addition, Interstate General Company, L.P. (IGC),
which is involved primarily in real estate development
in Puerto Rico, Maryland, and Washington, D.C,,was
fined $2 million. The second company, St Charles
Associates, L.P. (SCA), which is a closely related
partnership that owned the land where the crimes
occurred, was fined $1 million. Both corporate fines
are to be paid within two years. IGC and SCA were
also placed on probation for a period of five years and
were ordered to implement a wetlands restoration plan.
In addition to paying the fine during the probationary
period, IGC and SCA must also comply with other
terms of probation, including developing an effective
environmental compliance plan to prevent future
violations of the law and implementing the wetland
remediation plan. EPA's Criminal Investigation
Division was the lead investigative agency on the case,
with assistance from the Federal Bureau of
Investigation.
United States v. Iroquois Pipeline Operating Co.,
Inc., et aL(Northent District of New York): The
Iroquois Pipeline Operating Company and four of its
top officials pled guilty to knowingly violating a
number of environmental and safety provisions of its
construction permit while constructing a natural gas
pipeline from Ontario, Canada to Long Island, New
York. The total settlement paid by the company
amounted to $22 million in fines and penalties. One of
the felony counts to which the company pleaded guilty
involved its failure to cleanup or otherwise restore 188
streams or wetlands. After the company learned that it
was the subject of a criminal investigation, it went back
and began to restore a number of those affected streams
and wetlands. The company also pleaded guilty to
failing to construct safety devices called "trench
breakers" at regular intervals along the pipeline ditch
and at the edge of wetlands. These devices control soil
erosion and prevent weakening of the pipeline by
stopping water from migrating along the pipeline,
especially when the terrain slopes. The failure to install
them could have washed out the soil which holds the
pipeline securely in place. Under the terms of the plea,
the company will clean up 30 streams and wetlands and
pay $22 million in fines and penalties, $2.5 million of
which will be used to create additional wetlands. In
addition, due to its criminal admissions, the company
will be unable to pass on to consumers, in the form of
higher rates, another $20 million directly or indirectly
related to the construction of the pipeline. Early in FY
1997, four additional former employees of Iroiquois
were indicted for alleged felony violations of the Clean
Water Act as part of the ongoing investigation of the
construction of the pipeline. This case was investigated
by EPA's Criminal Investigation Division, the U.S.
Army Corps of Engineers, the FBI, the U.S.
Department of Energy, the Federal Energy Regulatory
Commission, the U.S. Department of Transportation,
the New York State Public Service Commission, and
the New York Department of Environmental
Conservation, with the assistance of EPA's National
Enforcement Investigations Center.
United States v. KeUey Technical Coatings, Inc., et
al (Western District of Kentucky): Arthur Sumner of
Memphis, Indiana, Vice President in Charge of
Manufacturing for Kelley Technical Coatings, Inc.
(KTC) of Louisville, Kentucky was sentenced to 21
months in prison, 2 years of supervised release, and
ordered to pay a $5,000 fine for the illegal storage and
disposal of hazardous wastes in violation of the
Resource Conservation and Recovery Act KTC is a
manufacturer of swimming pool paints and industrial
coatings. Sumner and KTC were found guilty by a jury
of storing and illegally disposing chemical wastes
which were used as solvents to clean paint
manufacturing equipment In July 1992, state
inspectors discovered over 600 drums of waste-paint
related materials at one of KTC's plants. Many drums
were rusty, leaking, or open, and contained ignitable
materials. Federal and state law prevents the storage of
hazardous waste for more than 90 days. The wastes
contained a variety of hazardous chemicals including
xylene, ethyl benzene, and toluene. The case was
investigated by EPA's Criminal Investigation Division,
EPA's National Enforcement Investigations Center, the
FBI, and the State of Kentucky Cabinet for Natural
Resources and Environmental Protection.
United States v. Leo G. Kelly (Western District of
Wisconsin): Leo G. Kelly was sentenced to four
concurrent terms of 41 months imprisonment and was
required to pay $6,242.85 in restitution as a result of a
conviction by a federal jury on four counts of violating
the Resource Conservation and Recovery Act (RCRA).
Kelly, who operated companies under the names of
Environmental Waste and Material Systems, Inc.,
Environmental Services, and Central Testing Services,
was in the business of removing underground
petroleum storage tanks, disposing of the waste
materials from those tanks, and conducting site
remediation. He was convicted of unlawfully
transporting and disposing of seventeen 55-gallon
drums containing hazardous wastes including, benzene,
lead, trichloroethylene, and tetrachloroethylene. Kelly
was convicted of directing his employees to transport
and illegally dispose of the drums at Winter Auto
Salvage, a business in Winter, Wisconsin, during 1990
and 1992. Upon his release, Kelly must pay restitution
to the owner of Winter Salvage for damage done at the
site due to the illegal waste disposal. The case was the
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result of a joint investigation conducted by EPA's
Criminal Investigation Division and Wisconsin's
Department of Natural Resources with the assistance of
EPA's National Enforcement Investigations Center.
Untied States v. Mormon U.SA, Inc., and Robert
Rents (Middle District of Florida): In a case relating
to the regulation of pesticide exports, Marnian U.S.A.,
Inc. of Tampa, Florida was fined $350,000 and placed
on probation for two years, and Robert Renes,
Marman's Vice President was fined $ 150,000 and
placed on probation for three years for their
involvement in a scheme to forge EPA seals on false
certificates of registration for pesticides which they
sold abroad EPA gold seals indicate that a document
is an official EPA document and many foreign
countries require such proof of EPA registration before
a pesticide can be imported to their nations from the
United States. Marman U.S.A. used the forged seals to
export pesticides to sixteen Central and South
American countries. The case was investigated by
EPA's Criminal Investigation Division.
Untied States v. Midwest Alloys Foundry, et aL
(Eastern District of Missouri): Midwest Alloys
Foundry of O'Fallon, Missouri, and Vem Kneib, its
plant manager, pleaded guilty in St Louis, Missouri, to
multiple felony and misdemeanor charges involving
environmental violations, violations of immigration
laws, and providing false statements to the government.
Midwest Alloys pleaded guilty to one felony count of
illegally disposing of hazardous waste, one felony count
of violating the Clean Water Act, one misdemeanor
count of a pattern and practice of hiring unauthorized
aliens for employment, one felony count of making a
false statement to a material fact in a document
required by immigration laws, and one felony count of
willfully providing a false statement to the Tennessee
Valley Authority (T VA). The offenses which Midwest
Alloys pleaded to involved ordering employees to
dump hazardous waste on company property, during
which an employee was injured; the unpermitted
discharge of cooling water into Buleau creek in 1995;
the false reporting of alloys used in the composition of
rocker washers produced for the T VA; knowingly
engaging in the hiring of unauthorized aliens; and
knowingly providing false statements in reference to
the hiring of unauthorized aliens. Kneib admitted to
directing employees to dump two drums of hazardous
waste, and he also admitted to engaging in the practice
of hiring unauthorized aliens. Midwest Alloys has
agreed to pay fines and restitution totaling $ 150,000.
Of that amount, $9,000 will go the federal Immigration
and Naturalization Service; $25,000 will go to the
TVA; $100,000 will go to the Missouri Department of
Natural Resources; and $16,000 will go to the federal
treasury. The company is also required to replace all
defective rocker washers supplied to the TVA.
Midwest Alloys has also entered into a site remediation
cleanup plan agreement with EPA Region VII. The
case was investigated by EPA's Criminal Investigation
Division and the Immigration and Naturalization
Service with the support of EPA's National
Enforcement Investigations Center.
United States v. John Morrell and Co. (District of
South Dakota): Timothy J. Sinskey and Wayne
Kumm were convicted by a jury of polluting the Big
Sioux River in Sioux Falls, South Dakota by illegally
discharging slaughterhouse waste from a meatpacking
plant owned by John Morrell and Company, and for
participating in an eight-year long conspiracy, which
included falsifying reports to the EPA. Sinskey was a
Morrell Senior Vice President and until 1992, he was
the head of MorrelPs Sioux Falls Division. He was
convicted in a Sioux Falls U. S. District Court, after a
three week trial, of 12 felony counts of violating the
Clean Water Act (CWA) and of conspiracy. Kumm,
who was the Morrell Plant Engineer at Sioux Falls,
was convicted of one felony count of violating the
CWA. The jury found that Sinskey deliberately
falsified monthly reports submitted to the EPA
regarding wastewater discharges from the Morrell plant
into the Big Sioux River in order to cover non-
compliance with the plant's discharge permit. Kumm
was convicted of intentionally using an inaccurate
monitoring method to help conceal the company's
violations. Evidence also established that Kumm tried
to prevent the resignation of the assistant manager of
the company's waste water treatment plant, Barry M.
Milbauer, by suggesting that Milbauer's cooperation in
the conspiracy could lead to a promotion in the
company's environmental program. Milbauer resigned
despite this suggestion. These latest convictions follow
the guilty pleas by the Morrell Company to six counts
of dumping slaughterhouse waste into the Big Sioux
River. The company pled guilty to a number of illegal
acts including: failing to disclose that it had committed
more than 100 permit violations; knowingly submitting
false reports to the EPA; deliberately rigging sampling
tests to get desired results; concealing violations; and
deliberately refusing to expend funds necessary to
correct the problems and bring the plant into
compliance. The Morrell Company was sentenced to
pay a $2 million criminal fine and pay $1 million to
establish a local environmental cleanup fund. In
addition, Ronald E. Greenwood and Barry M.
Milbauer, the former manager and assistant manager of
MorrelPs on-site wastewater treatment plant,
previously pled guilty to conspiracy to violate the
CWA. Greenwood and Milbauer testified at this trial
that between 1990 and 1992 defendants Sinskey and
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Kumm directed them to falsify discharge monitoring
reports and lab records. This prosecution resulted from
an investigation done by EPA's Criminal Investigation
Division with support from EPA's National
Enforcement Investigation Center.
United States v. Larry Vaitghan (Southern District of
California): Larry Vaughan, the co-owner of Chino
Corona Farms, Inc., a company that had contracted
with the City of San Diego to haul and process 120,000
tons of sewage sludge each year from the Point Loma
Metropolitan Wastewater Treatment Plant, was
sentenced to six months confinement in a halfway
house, five years probation, and a $50,000 fine for
violating the Clean Water Act by improperly disposing
of the sludge. Vaughan pleaded guilty in April 1996 in
San Diego to a federal felony charge for illegally
dumping sludge at an unapproved site. Management of
the San Diego sewage sludge is regulated by San
Diego's CWA permit which required that sludge
disposal meet State of California water quality
standards. Originally, the City's sludge was to be taken
to the Torres-Martinez Indian Reservation, an
environmental justice community, where it was to be
composted and used as fertilizer. However, Vaughan
and co-owner and co-defendant, Gordon Cooper,
engaged in a scheme to defraud the City by falsely
billing the city and by not processing the sludge. The
fraud resulted in several million dollars in false invoice
claims to the City. In addition, the huge untreated
sludge pile on tribal land, estimated in size at over
200,000 tons, resulted in a major community nuisance
for tribal residents and was locally named "Mount San
Diego." When the defendants could no longer pile the
sludge on the tribal lands, it was hauled to Mexico as
well as to an unapproved location in Imperial County,
California. Gordon Cooper and the corporation were
indicted for their role in this unlawful activity and are
awaiting trial. The investigation which led to this
successful prosecution of this environmental justice
case was conducted by EPA's Criminal Investigation
Division and the FBI.
United States v. William Nowak (District of
Washington): William Nowak former owner and
manager of a wood-burning stove certification
laboratory in Kent, Washington, was sentenced to three
years probation and 240 hours of community service as
a result of being convicted on one felony count of
submitting fraudulent data to the EPA. From
December 1992 through December 1994, Nowak's
laboratory, Energy and Environmental Systems
Performance Corp., performed certification tests, as
required by the Clean Air Act, on at least 21 models of
wood-burning stoves. Of the 21, Nowak admitted to
having falsified the laboratory test data on 10 models
manufactured by seven different companies. Nowak
said he falsified the data because he suspected that the
true test results would have caused these models to fail
the stringent air emission standards imposed by the
State of Washington on stoves sold within that state.
Falsified test reports were provided to the EPA which
relied on the inaccurate data to grant federal
certification to the ten stove models. Once certified,
these stoves became available to the public and have
been sold nationwide. Certification is required to
demonstrate that stoves do not produce levels of
airborne particulate matter high enough to cause
respiratory illnesses. As of September 27,1996,
approximately 53,000 invalidly certified stoves were in
the marketplace. All of the wood stove model lines
falsely certified by Nowak have either been retested
and meet the federal standard, withdrawn from the
marketplace, or have been out of production and will
not be required to be retested. Only two models, the
Quadra Fire 4300 and the Lopi Freedom, meet
Washington State standards, which are more stringent
than the federal standards. This case was investigated
by EPA's Criminal Investigation Division.
United States v. Ray F. McCune and Bruce L Jones
(District of Utah): Ray F. McCune, president and
owner of Reclaim Barrel Supply Company, Inc. and
Allstate Container, Inc., pled guilty in U.S. District
Court in Salt Lake City, Utah, to two felony counts of
violating the Resource Conservation and Recovery Act
(RCRA) for illegally storing hazardous wastes at
facilities owned by his companies in West Jordan,
Utah. McCune operated Reclaim Barrel Supply
Company from 1988 to 1992. He later abandoned that
facility and opened another barrel reconditioning
facility, Allstate Container, leaving behind thousands of
drums at the Reclaim Barrel site. Many of the drums
left at Reclaim Barrel contained hazardous wastes.
This action by McCune led to the initiation of a clean
up action at the site by the EPA Region Vin
Emergency Response Section. Allstate Container, Inc.
was opened in July 1992, and Ray F. McCune again
stored hazardous waste at the site in violation of
RCRA. In April 1994, sampling conducted under a
search warrant indicated that 297 drums of hazardous
waste were being illegally stored at Allstate Container.
Bruce L. Jones, plant manager of Reclaim Barrel and
Allstate Container, pled guilty to one felony count of
illegal storage of hazardous wastes. This case was
investigated by EPA's Criminal Investigation Division
with support from EPA's National Enforcement
Investigations Center.
United States v. Ray Phipps, et aL (Western District
of Texas): River City Plating Co. (River City) in San
Antonio, Texas, Ray H. Phipps, owner of River City,
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his son Russell Phipps, and employee Keith Krupalla
were sentenced for felony violations of various federal
laws. River City Plating Co. and the other defendants
discharged hazardous wastes into the city sewer
system in San Antonio, Texas. River City was a
general plating business which electroplated a variety
of objects including automobile parts, bumpers,
silverware, trays, and pots. Ray Phipps and the other
defendants admitted that they discharged waste metals
including nickel, chromium, copper and zinc into the
San Antonio sewer system from 1988 to 1994. The
elder Phipps admitted that he had informed the City of
San Antonio Water System that River City Plating was
a "zero discharger", meaning River City claimed that it
discharged no industrial wastes into the sewer system,.
As a result of the sentencing, Ray Phipps was barred
from the plating business for life. In addition, he was
also sentenced to serve fifteen months in federal prison,
one year supervised release, and a $5,000 fine as a
result of his guilty plea to one count of violating the
federal Clean Water Act Co-defendant River City,
which also previously pled guilty to one count of
violating the Clean Water Act, was sentenced to pay a
$100,000 fine and received five years probation.
Phipps" son, Russell Phipps, another co-defendant, had
previously pled guilty to misprision of a felony for
failing to inform the government of felony violations of
the Clean Water Act by River City. He was sentenced
to three years of probation, 40 hours of community
service, and a $500 fine. A third co-defendant, Keith
Krupalla, previously pled guilty to one felony count of
perjury for making false statements in front of a federal
grand jury. He was sentenced to twelve months in jail
and three years supervised release. The case was
investigated by EPA's Criminal Investigation Division
and the Texas Natural Resources Conservation
Commission's Special Investigations Division with the
assistance of the Texas Environmental Task Force.
The case was investigated by the joint federal/state
Texas Environmental Task Force which includes
representatives from EPA's Criminal Investigation
Division, the Texas Natural Resource Conservation
Commission's Special Investigations Division, the San
Antonio Water System, and the U.S. Attorney's Office
in San Antonio.
United States v. Thomas R. Rudd (Northern District
of Texas): Thomas R. Rudd, president of Striping
Technology, Inc.(STI)-one of the largest pavement,
road and highway striping contracting businesses in
Texas, pled guilty to one felony count of violating the
Clean Water Act by ordering employees to dump
hazardous paint wastes and other pollutants into pits
dug into groundwater which flows into a tributary of
Black Fork Creek near Tyler, Texas. The wastes
containing toluene, methyl ethyl ketone and waste lead,
which are toxic to human beings, fish, and wildlife, had
been dumped at Rudd's direction on October 10,1994
at an STI facility in Smith County, and on a ranch. In
addition, the investigation conducted by the joint
federal-state Texas Environmental Task Force
uncovered three other sites in Tarrant and Smith
Counties where Rudd had illegally disposed of
hazardous paint wastes. As part of the plea agreement
Rudd will be personally responsible for the costs of
environmental clean up at all five sites. In addition, he
faces up to three years in prison and a fine of up to
$250,000. The agreement also calls for Rudd to
provide $250,000 to a trust fund for the East Texas
Ecological Center which is a project of the Texas Parks
and Wildlife Department. This case was the result of a
joint investigation by EPA's Criminal Investigation
Division, the FBI, and the Texas Natural Resource
Conservation Commission with the assistance of EPA's
National Enforcement Investigations Center.
United States v. Summitvitte Consolidated Mining
Co., Inc. (District of Colorado): The Summitville
Consolidated Mining Company, Inc. ("Summitville")
was sentenced to pay $20 million in fines based on its
guilty plea to 40 counts of violating the Clean Water
Act and other federal statutes with respect to its
operation of the Summitville Gold Mine in
Southwestern Colorado from 1984 to 1992. The
violations include one count of conspiracy, four counts
of making false statements, five counts of failing to
report under the Water Pollution Control Act (also
known as the Clean Water Act), and thirty counts of
knowingly violating the Clean Water Act by making
unauthorized discharges to waters of the United States.
Because of the company's bankruptcy and the fact that
the majority of the company's remaining assets will go
toward the costs of cleaning up the Summitville Mine,
it is likely that Summitville will only be able to pay part
of the fine. Also named in prior indictments and
charged with multiple felony counts are Samye N.
Buckner, Summitville's general manager from March
1988 to January 1991, and Tom S Chisholm, the
company's environmental manager from August 1988
to September 1991. The trial date of these individuals
is pending. The plea agreement does not limit the
government's options with respect to taking
administrative or civil actions. The case was
investigated by the EPA's Criminal Investigation
Division, EPA's National Enforcement Investigations
Center, and the FBI.
United States v. Don Budd, etaL (Eastern District of
Texas): Don Budd of Nederland, Texas, was
convicted by a jury on one felony count of conspiring
to mail and three felony counts of mailing false reports
concerning pollution discharges to the City of
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Nederland and several companies in Southeastern
Texas. Budd, who was owner and President of Texas
Environmental Services, Inc. (TES), in Nederland,
Texas, falsely claimed that TES was following EPA
approved methods when reporting test results which
were used by the City of Nederland and the companies
to satisfy requirements of their National Pollution
Discharge Elimination System permits and Water
Quality permits from the EPA and the State of Texas.
The case was investigated by EPA's Criminal
Investigation Division and other federal, state and local
members of the Texas Environmental Enforcement
Task Force with the assistance of EPA's National
Enforcement Investigations Center.
United States v. Pacific and Arctic Pipelines, Inc., et
aL (District of Alaska): Two Alaska corporations,
Pacific and Arctic Pipelines, Inc. (PAPI) and Pacific
and Arctic Railway and Navigation Company (PARN),
were sentenced in U.S. District Court in Anchorage,
Alaska, to pay $1.5 million in fines and restitution costs
and were placed on five years probation for criminal
violations of the Clean Water Act which occurred when
they caused a break in an oil pipeline and a subsequent
discharge of oil into the Skagway River. The two
companies also were sentenced to 5 years probation
and agreed to clean up several contaminated sites along
the historic White Pass Alaska railroad route. PARN
owns the White Pass and Yukon Route railroad that
originally ran from Skagway to Whitehorse, Yukon
Territories, Canada. PAPI owns a petroleum pipeline
that parallels the railroad right of way. The spill
occurred as a result of PARN's illegal removal of
rock from U.S. Forest Service land adjacent to the
pipeline six miles from Skagway. On October 1,1994,
a piece of construction equipment struck the pipeline,
causing a 14-inch crack. The high pressure pipeline
immediately began spewing oil, and the oil ran down an
embankment into the Skagway River. PAPI was
convicted and sentenced for negligently discharging oil
into the Skagway River following the pipeline break,
failing to report the discharge in violation of the Clean
Water Act (CWA), and making false statements to U.
S. Coast Guard (USCG) investigators about the spill.
PARN was previously convicted and sentenced for
theft of rock from U.S. Forest Service land adjacent to
the railroad, and for the illegal transportation of
hazardous waste into Canada. PARN paid $146,280
in fines and restitution for the rock and for illegally
using the railroad to transport the hazardous waste
which was dumped and burned in Canada in 1995.
The case was investigated by EPA's Criminal
Investigation Division, the U.S. Coast Guard, and the
FBI.
United States v. Wilbur-Ellis, etaL (District of
Idaho): The Wilbur-Ellis Company, Inc., a fertilizer
and pesticide distribution corporation that operates on a
national and international scale, agreed to plead guilty
to a one-count federal information filed in Boise, Idaho,
charging that the company negligently violated the
Clean Water Act (CWA) when it released rinse water
that killed an estimated 40,000 fish in Idaho streams.
The charge states that on March 19,1992, managers of
the Wilbur-Ellis, facility in Genesee, Idaho, released an
unknown quantity of fertilizer and pesticide rinse water
from a rinse water collection tank into a tributary of
Cow Creek. The Company did not have a CWA
permit to release the rinse water. The Idaho
Department of Fish and Game and the Idaho Division
of Environmental Quality estimated that approximately
40,000 fish were killed in an eight-mile stretch of Cow
Creek and Union Flat Creek in the state of Idaho as a
result of the rinse water release. The terms of the plea
agreement indicate that the corporation will pay the
$25,000.00 maximum fine allowed. This case was
investigated by EPA's Criminal Investigation Division.
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