9«rinipBM 'i. ""-mSLi" ('HUM -^..P-.-.i^':-, ^^. .,7,fl ..-flMnjii11
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The FY1997 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 Conpliance
Assurance.
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
TABLE OF CONTENTS
1. Introduction 1-1
2. Fiscal Year 1997: The Results 2-1
2.1 Enforcement 2-1
2.1.1 Criminal Enforcement 2-2
2.1.2 Civil/Administrative Actions 2-3
2.1.3 Superfund Enforcement 2-6
2.1.4 Impacts of Settlements 2-6
2.2 Compliance Incentives 2-11
2.3 Compliance Assistance 2-12
3. Fiscal Year 1997: The Activities 3-1
3.1 Industry Sector Priorities 3-2
3.1.1 National Priorities 3-2
3.1.2 Significant Sector Priorities 3-7
3.1.3 Regional Sector Priorities 3-16
3.2 Community-Based Environmental Protection Priorities 3-22
3.2.1 Region 1 3-22
3.2.2 Region 2 3-23
3.2.3 Region 3 3-26
3.2.4 Region 4 3-27
3.2.5 Region 5 3-28
3.2.6 Region 6 3-29
3.2.7 Region 7 3-29
3.2.8 Region 8 3-30
3.2.9 Region 9 3-30
3.2.10 Region 10 3-31
3.3 Cross-cutting or Multimedia Initiatives 3-32
3.3.1 Cross-cutting or Multimedia Projects/Highlights 3-32
3.3.2 Federal Activities 3-39
3.3.3 Criminal Program 3-40
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
3.3.4 Federal Facilities 3-41
3.3.5 Environmental Justice 3-47
3.3.6 Tribal 3-50
3.4 Media-specific Programs 3-54
3.4.1 Air ! 3-54
3.4.2 Water 3-57
3.4.2.1 Drinking Water 3-58
3.4.2.2 Industrial or Municipal Discharges to Surface Waters 3-60
3.4.2.3 Wetlands 3-61
3.4.3 Toxics 3-62
3.4.3.1 EPCRA 3-62
3.4.3.2 FIFRA 3-65
3.4.3.3 TSCA 3-67
3.4.4 RCRA 3-69
3.4.5 CERCLA 3-72
3.5 Self Disclosure 3-75
4. Performance Partnership Agreements/Grants (PPAs/PPGs) 4-1
4.1 Measures 4-3
Appendix A: Current and Historical Enforcement Data
Appendix B: Significant Administrative, Judicial, and Criminal Cases
July 1998
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
ACRONYMS
ADR Alternative Dispute Resolution
AHERA Asbestos Hazard Emergency Response Act
ALJ Administrative Law Judge
AO Administrative Order
AOC Administrative Order on Consent
APO Administrative Penalty Order
BACT Best Available Control Technology
BIF Boilers and Industrial Furnaces
BMP Best Management Practice
BOD Biochemical Oxygen Demand
CAA Clean Air Act
CACO Consent Agreement/Consent Order
CAFOs Concentrated Animal Feeding Operations
CERCLA Comprehensive Environmental Response, Compensation, and Liability Act
CFA Civilian Federal Agency
CFC Chlorofluorocarbon
CSO Combined Sewer Overflow
CWA Clean Water Act
DMR Discharge Monitoring Reports
DOD Department of Defense
DOE Department of Energy
DOI Department of Interior
DOJ Department of Justice
EAB Environmental Appeals Board
EMS Environmental Management System
EPA Environmental Protection Agency
EPCRA Emergency Planning and Community Right-to-know Act
FAA Federal Aviation Administration
FEMA Federal Emergency Management Agency
FFCA Federal Facilities Compliance Act
FFEO Federal Facilities Enforcement Office
FIFRA Federal Insecticide, Fungicide, and Rodenticide Act
FY Fiscal Year
LDR Land Disposal Restriction
LEPC Local Emergency Planning Commission
MACT Maximum Available Control Technology
MCL Maximum Contaminant Level
MPRSA Marine Protection Research & Sanctuaries Act
MSDS Material Safety Data Sheet
MO A Memorandum of Agreement
NESHAP National Emissions Standards for Hazardous Air Pollutants
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
NETI National Enforcement Training Institute
NOV Notice of Violation
NPDES National Pollutant Discharge Elimination System
NPL National Priorities List
NPS National Park Service
NSPS New Source Performance Standards
OC Office of Compliance
OCEFT Office of Criminal Enforcement, Forensics, and Training
ODBA Ocean Dumping Ban Act
OECA Office of Enforcement and Compliance Assurance
OGC Office of General Counsel
OPA Oil Pollution Act
OPPT Office of Pollution Prevention and Toxics
PCB Polychlorinated Biphenyls
POTW Publicly-Owned Treatment Works
PPA Performance Partnership Agreement
PPG Performance Partnership Grant
ppm Parts Per Million
PRP Potentially Responsible Party
PSD Prevention of Significant Deterioration
PWS Public Water System
RACT Reasonably Available Control Technology
RCRA Resource Conservation and Recovery Act
RD/RA Remedial Design/Remedial Action
RECAP Reporting Enforcement and Compliance Assurance Priorities
RI/FS Remedial Investigation and Feasibility Study
ROD Record of Decision
SDWA Safe Drinking Water Act
SEP Supplemental Environmental Project
SERC State Emergency Response Commission
SIP State Implementation Plan
SPCC Spill, Prevention, Control and Countermeasure
SWMU Solid Waste Management Unit
SWTR Surface Water Treatment Rule
TCR Total Coliform Rule
TRI Toxic Release Inventory
TSCA Toxic Substances Control Act
TSS Total Suspended Solids
UAO Unilateral Administrative Order
UIC Underground Injection Control
USD A United States Department of Agriculture
UST Underground Storage Tank
VOC Volatile Organic Compound
WPS Worker Protection Standard
July 1998
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
1. INTRODUCTION
As it enters the 21st Century, the U.S. Environmental Protection Agency's (EPA) Office of
Enforcement and Compliance Assurance (OECA) continues to foster and refine its balanced
approach to environmental protection. This balanced approach, which has become the hallmark
of environmental protection across the world, combines enforcement with compliance assurance
activities to protect all Americans from the threats to our health and environment. In Fiscal Year
(FY) 1997, OECA continued aggressively addressing environmental degradation by successfully
combining its three primary tools:
• Enforcement actions
• Compliance incentives
• Compliance assistance.
This accomplishments report documents the achievements of the past Fiscal Year in these three
areas. These programs and policies work in concert to bring measurable results to the American
people-cleaner and healthier air, water, and land.
Again in FY97, the Agency achieved new heights in securing compliance through enforcement
from those companies and individuals who degrade the environment and endanger public health.
New records were established for penalties assessed against violators. The Agency also
continued systematically collecting and reporting on the qualitative impact of its enforcement
efforts. Traditionally, EPA measured its success only against enforcement outputs, such as
penalties, fines, and cases. However, beginning in FY96, EPA began measuring the positive
impact on the environment from each case. In FY97, about one-third of all civil judicial and
administrative settlements required the defendants to perform use reduction, industrial process
changes, emission or disposal changes, remediation, or removal. As another example of the new
information EPA is collecting, for those cases that reported qualitative environmental impacts,
the most commonly reported impact was protection of human health and worker protection,
followed by ecosystem protection. EPA is working to further improve the reporting of this
qualitative information in 1998. Similarly, for those cases reporting quantitative pollutant
reductions, the three largest pollutant reductions reported were for contaminated soil,
polychlorinated biphenyls (PCBs), and volatile organic compounds.
In addition, as part of its compliance assurance activities, EPA continued to offer compliance
incentives to regulated entities to encourage them voluntarily to address noncpmpliance. The
primary incentive-EPA's audit policy-yielded broad results and was invoked by a large number
of facilities across the country. This type of activity not only increases compliance and prevents
future environmental degradation, but also accomplishes both goals in a more cost-effective
manner for the Agency and the regulated community. EPA also developed and implemented
several compliance assistance activities, including its compliance assistance centers and
numerous compliance-related projects targeted to small businesses. These activities are designed
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
to provide facilities and municipalities with the tools and knowledge to achieve compliance on
their own.
Just as EPA measures the results of its enforcement activities, it also has begun measuring its
compliance incentive and compliance assistance activities. Information was collected on the
number of facilities who took advantage of the incentives and the resulting net environmental
benefit from that acceptance. EPA also, for the second year in a row, tracked its compliance
assistance activities through the Reporting on Enforcement and Compliance Assurance Priorities
(RECAP) forms, collecting information on the types and numbers of compliance assistance
activities conducted by the Agency, as well as the number of entities those activities reached.
This FY 1997 Enforcement and Compliance Assurance Accomplishments Report is designed to
provide an overview of the significant achievements by EPA's headquarters and regional offices
during the past Fiscal Year. Specifically, Chapter 2 presents the FY97 accomplishments from
federal enforcement activities, including data on net environmental benefits of enforcement
activity, inspections, and administrative, civil, and criminal actions. Also, for the first time, the
report includes quantitative data on compliance incentives and compliance assistance activities.
Chapter 3 presents information on the specific activities conducted during FY97, including
sector-based initiatives, community-based environmental protection, multimedia or cross-cutting
programs, media programs, and self-disclosure. 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. Chapter 4 presents information on the performance partnership
agreements and grants negotiated between headquarters and the regions. The appendices to this
report provide information on traditional enforcement measures over the years and describe
significant criminal, civil, and administrative actions taken in FY97.
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
2. FISCAL YEAR 1997: THE RESULTS
In Fiscal Year (FY) 1997, the U.S. Environmental Protection Agency (EPA) continued its quest
toward national environmental improvement by continuing to effectively use its three primary
tools-enforcement, compliance incentives, and compliance assistance. In its traditional role of
enforcement, EPA again achieved records in actions taken and completed, and penalties assessed
and collected. EPA also continued its new efforts to measure the impacts of these actions on the
environment. For example, for those cases reporting quantitative pollutant reductions, the three
largest reductions were for contaminated soil, polychlorinated biphenyls (PCBs), and volatile
organic compounds (VOCs).
Also in FY97, the Agency continued collecting data on its compliance incentive and compliance
assistance activities. The collection of such data is now standardized through the Reporting for
Enforcement and Compliance Assurance Priorities (RECAP) process. This process allows the
Agency, at both the headquarters and regional levels to track the scope and effort of compliance
assistance activities conducted. The results are included in this document.
The following sections of this chapter highlight EPA's enforcement programs, as well as its
compliance incentive and compliance assistance activities. Regarding enforcement, sections
focus on the criminal program, civil administrative actions, and the Superfund program. The
enforcement section concludes with a discussion of the impacts of actions on public health and
the environment. An overview of EPA's compliance incentives and compliance assistance
programs, including a discussion of the Self-Policing Self-Disclosure Policy (Audit Policy) and
the RECAP data, follows the enforcement discussion.
2.1 Enforcement
As mentioned, FY97 was another significant year for EPA in terms of its enforcement program.
The Agency reached new heights in the number of referrals (704) to the Department of Justice
(DOJ), as well as in fines and penalties ($264.4 million). Of the referrals to DOJ, 426 were civil
matters and the remaining 278 were criminal matters. Figure 2-1 presents the total enforcement
activities taken by EPA and the states in FY97. As shown, the states accounted for 10,894
enforcement actions.
Enforcement continues as the underpinning of EPA's efforts to protect human health and the
environment by remedying environmental harm, promoting compliance, and determining
noncompliance with the law. Targeting helps assure that compliance monitoring efforts are
directed to areas where federal enforcement presence will obtain greater benefit. In FY97, EPA
committed significant effort to target enforcement and compliance assistance in specific
industrial sectors, as well as media-specific areas.
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
Figure 2-1. Fiscal Year 1997 Enforcement Activities
EPA Criminal Referrals
EPA Civil Actions for Sanctions
EPA Formal Administrative
Actions
State Enforcement
Actions
2.1.1 Criminal Enforcement
The high level of enforcement activity by EPA's criminal enforcement program during FY97 is
reflected in a record number of criminal referrals to DOJ. A total of 278 cases were referred to
DOJ in FY97 (the previous highest number was 262 in FY96).
Because of its deterrent effect, 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 who are convicted and sentenced to jail cannot pass the sentence on as another "cost of
doing business;" it must be served by the violator.
In FY97, the number of months of jail time to which defendants were sentenced totaled 2,351
months, compared to 1,116 months in FY96. A total of 322 individual and corporate defendants
were charged in criminal judicial proceedings. Over $169 million in criminal fines and
July 1998
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
restitution were assessed in FY97, compared with $76.7 million in FY96. Figure 2-2 provides an
overview of the major outputs from the criminal enforcement program over time.
The increases witnessed in the criminal program over the years can be attributed, at least in part,
to the Pollution Prosecution Act of 1990. This act authorized 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 FY97, EPA had
increased the number of criminal investigators to 199 (compared to only 47 in FY89). This
additional investment in agents has yielded significant increases in most key areas of the criminal
program, as evidenced by the steady increase in enforcement numbers.
In FY97, EPA began collecting data on the expected environmental benefits of its concluded
criminal cases. Information on pollutant reductions, for example, are included in Figure 2-10.
2.1.2 Civil/Administrative Actions
In FY97, enforcement activity in most areas increased from last year. For example, there were
426 judicial referrals, up 44 percent from FY96 (295). (The combined total of civil and criminal
referrals is the highest in EPA history.) A total of $46 million in judicial penalties was assessed,
down approximately 30 percent from the previous year. (It should be rioted that last year's
amount of $66.2 million was almost double the amount assessed in FY95.) Approximately $49.2
million in administrative penalties were assessed, which is an increase of approximately 65
percent from FY96. As for other enforcement activities:
Inspections increased slightly in FY97 from FY96, up to 18,706 from 18,211
(nearly 3 percent)
• Administrative penalty order (APO) complaints increased to 1,313 from 870 (51
percent)
« APO settlements increased to 1,350 from 1,004 (34.5 percent)
« Administrative non-penalty orders increased to 1,818 from 1,186 (53 percent)
Civil judicial settlements decreased from 292 in FY96 to 274 in FY97 (6.2
percent).
Figure 2-3 illustrates EPA's combined penalties (including criminal, civil, and administrative)
over the past three years. Figure 2-4 presents the breakdown of the FY97 formal civil
enforcement actions by statute and type of action.
2-3
July 1998
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
Figure 2-2. EPA Criminal Enforcement: Major Outputs FY95 to FY97
600
500
400
300
200
100
Defendants
FY1995
FY1996
FY1997
Cases Initialed
562
548
551
Referrals
256
262
278
' d FY 95 Q] FY 96 [3 FY 97
Defendants Charged
245
221
322
Sentences
Sentences (Years)
' 74.0
93.0
195.9
Fines
Fines ($ Millions)
23.2
76.7
169.3
July 1998
2-4
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FY 1997 Enforcement and Compliance Assurance Accomplishments Report
Figure 2-3. EPA's Combined Penalties
(including criminal, civil, and administrative)
FY 1995
FY1996
FY1997
H Criminal
Civil Judicial
Administrative
Figure 2-4. Breakdown of FY97 Formal Civil Enforcement Actions by Statute and
Type of Action
800
750-
700-
650-
600
550-
500-
460
400
350
300
260
200
150
100
50
0
1 i :
% CAA
r| CERCLA
H CWA
""i EPCRA
H FIFRA
Dill RCRA
== SOW A
U TSCA
APO
Complaints
Compliance
Orders
Other
Judicial
Settlements
APO
Settlements
2-5
July 1998
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
2.1.3 Superfund Enforcement
In Fiscal Year 1997, the Superfund enforcement program secured potentially responsible party
(PRP) commitments exceeding $609.5 million. Of this amount, PRPs signed settlements for an
estimated $451.5 million in future response work, and settlements for more than $158 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 $14.7 billion. PRPs initiated approximately 70
percent of the remedial work at National Priority List (NPL) sites. This remedial work stemmed
from:
• 33 consent decrees referred to DOJ
• 10 unilateral administrative orders with which PRPs complied
• 16 administrative orders on consent and consent agreements for response work.
To promote enforcement fairness and resolve small party contributors' potential liability under
the Comprehensive Environmental, Response, and Liability Act (CERCLA), the Superfund
enforcement program concluded 103 de minimis settlements at 29 sites with more than 1,800
parties. Through FY97, the Agency has achieved over 340 settlements with more than 15,000
settlors.
In FY97, the Agency signed a total of 171 administrative orders on consent, and issued 67
unilateral administrative orders. In addition, the Agency achieved a total of 197 new cost
recovery settlements estimated at $158.1 million, and collected more than $316 million in past
costs associated with prior years' cost recovery settlements. To date, the program has achieved
approximately $2.3 billion in cost recovery settlements and collected more than $1.7 billion in
past costs.
2.1.4 Impacts of Settlements
For the second year, the Agency collected data on the impact of its enforcement actions in
directly addressing risks to public health and the environment. One of the principles underlying
EPA's enforcement program is that the violators should pay for and correct the damage caused
and prevent future problems, and that the awareness of these actions will encourage others to
address their environmental responsibilities without specific detection, violations, and
enforcement. 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.
The data show that as a result of EPA enforcement, violators spent a total of $1.9 billion through
injunctive relief to correct violations, take additional steps to protect the environment, and clean
up Superfund sites (see Figure 2-5). In FY97, EPA conclusion of formal actions included almost
6,200 areas of required injunctive relief. Among the most significant of these actions was a case
July 1998
2-6
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FF1997 Enforcement and Compliance Assurance Accomplishments Report
Figure 2-5. Dollar Value of EPA Injunctive Relief
Enforcement Actions Concluded in FY97
FY95
FY96
FY97
against Pacific Gas and Electric (PG&E). EPA and the State of California secured injunctive
relief against PG&E for failing to report key environmental data under the Clean Water Act
(CWA) about the effect of its cooling water intake system on marine life near its Diablo Canyon
nuclear power station. EPA, California, and PG&E reached a settlement imposing $7.1 million
in civil penalties and injunctive relief valued at $6.19 million. The settlement requires PG&E to
fund the state's Mussel Watch monitoring program and to implement recommendations of the
Morro Bay National Estuary Program Council that are designed to help repair the damage caused
by the cooling water intake system to aquatic ecosystems. The specific types of environmental
impact of all injunctive relief actions are presented in Figure 2-6.
Figure 2-6. Environmental Impacts of FY97
EPA Injunctive Relief Enforcement Actions
Increased Federal/State/
Local Gov't Knowledge
11%
Reductions Beyond
Compliance Requirements
1%
Human Health/Worker
Protection
43%
Increased Public
Awareness
12%
Environmental
Restoration/Land Use
4%
Other Benefit
Listed
2%
Ecosystem Protection
27%
EPA concluded 3,738 formal actions in FY 1997 which
had an estimated injunctive relief value of $1.9 billion.
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July 1998
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
In addition to the injunctive relief, EPA obtained SEPs in 266 cases in FY97 at a value of $85.4
million (see Figure 2-7). The specific types of environmental impacts of the SEPs are presented
in Figure 2-8.
Figure 2-7. Dollar Value of SEPs in EPA Enforcement
Actions Concluded in FY97
120-1
FY95
FY96
FY97
Figure 2-8. Environmental Impacts of SEPs in FY97 EPA Enforcement Actions
Increased Federal/State/
Local Gov't Knowledge
4%
Increased Public
Awareness 12%
Environmental /sLf
Restoration
4%
Other Benefit
Listed
2%
Human Health /
Worker Protection
54%
Ecosystem
Protection
24%
EPA finalized 266 cases with Supplemental Environmental Projects
with an estimated implementation value of $85.4 million.
July 1998
2-8
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
All totaled, in FY97, EPA concluded 3,368 enforcement actions that required some change in
behavior or the specific conduct of an activity by a violator. Figure 2-9 presents the primary
results of those enforcement actions and the specific changes or activities. Concluded EPA
enforcement actions required chemical or pollutant reductions or eliminations in almost one-third
of all cases. Figure 2-10 presents the impacts for the pollutants with the largest reductions.
The FY97 cases described below are examples of EPA's commitment to actions that result in
real environmental gains, protect vulnerable segments of the population, such as children, and
protect sensitive ecosystems:
• EPA entered into a settlement with the Tenneco Oil Company. Under the settlement,
valued at $3.5 million, Tenneco is resolving allegations that it polluted the ground water
of the Sac and Fox Nation (Nation) through years of faulty oil drilling and production
practices by building a new water system for the Nation in Oklahoma. This new system
will deliver a permanent supply of potable water to the Nation and includes a water
recovery system that will allow the Nation to irrigate its lands and promote a farming
economy, thereby restoring an area of tribal land damaged by years of oil and gas
retrieval. Part of the settlement also includes Tenneco's payment of $1.6 million to the
Nation in compensation for past contamination.
• The federal government lodged a consent decree to settle a multimedia enforcement
action against the Sherwin-Williams Company to reduce the level of volatile organic
compounds (VOCs) that had been emitted for years by a Sherwin-Williams resin and
paint plant in southeast Chicago. VOCs contribute to the formation of ground-level
ozone, which impairs breathing and can worsen the effects of asthma, chronic bronchitis,
and emphysema. Among other things, Sherwin-Williams agreed to retrofit its paint
manufacturing equipment to greatly reduce its VOC emissions and pay a $4.7 million
penalty.
• Under a consent agreement, Hasbro, Inc., manufacturer of Playskool toys, stopped
making false claims that toys treated with an antibacterial pesticide protect children from
infectious diseases caused by bacteria, including e-coli, salmonella, and staphylococcus
and streptococcus infections. Hasbro agreed to revoke earlier claims and take immediate
steps to inform the public by correcting the information through advertisements in printed
media and appropriate store and toy placarding, and to pay a penalty of $120,000.
• In connection with a community of minority and low income residents of an El-Paso
County Texas border community (known as a "colonia"), the federal government used
the emergency powers provision of the Safe Drinking Water Act (SDWA) and secured an
agreement with developers to provide an interim (and eventually permanent) supply of
fresh drinking water to the colonia residents. Colonias are low income housing projects
serving mostly Hispanic residents. They often lack basic water service and a sewage
treatment system, increasing the chances that people will become ill from drinking
contaminated water.
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
Figure 2-10. Twenty Largest Reported Pollutant Reductions
Resulting From FY97 EPA Concluded Actions
Pollutant
Polychlorinated Biphenyls (PCBs) and
PCB-containing material
Volatile organic chemicals (VOCs)
Tailings
Participate matter
Carbon monoxide
Propane
Polynuclear aromatic hydrocarbons
Lead
Oil, crude oil
Benzene
Chromium
Cement kiln dust
Asbestos
Toluene
Tin
Chlordane
Chlorofluorocarbons (CFCs)
Sulfuric acid
Methyl ethyl ketone
Contaminated soils (major contaminants are
cadmium and lead)
Reduction
(in thousands of pounds)
576,585
62,562
28,000
24,555
21,502
20,014
14,400
10,297
7,879
7,666
6,329
6,000
1,055
998
900
701
427
359
277
20,084,256
There were 3,738 civil and 127 criminal settlements/conclusions in FY97. In 1,085 of these
cases (28 percent), at least one pollutant was listed as being reduced. Of the 1,085 cases that
listed a pollutant, an estimate of the amount of the pollutant reduced was reported for 411 cases
(11 percent of FY97 settlements).
2.2 Compliance Incentives
In the compliance incentives arena, disclosures under EPA's Self-Policing Policy (Audit Policy)
increased dramatically in FY97. At least 185 companies disclosed violations at more than 457
facilities under the auspices of the Agency's Audit Policy. In FY97, EPA reached settlements
with 45 companies at 71 facilities, waiving penalties in most cases. To date, 234 companies have
disclosed environmental violations under Audit Policy at more than 750 facilities nationally;
EPA has settled with 78 companies at 423 facilities.
In the largest case under the Audit Policy, EPA and GTE resolved 600 violations of the
Emergency Planning and Community Right to Know Act (EPCRA) and the Oil Pollution Act
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
(OPA) at 314 GTE facilities in 21 states. The EPCRA violations were for failure to notify state
agencies and local fire departments of sulfuric acid filled batteries present at 229 sites, and the
OPA violations were for failing to develop Spill Prevention Control and Countermeasures
(SPCC) plans for diesel fuel, as required by the CWA. Under the terms of the settlement and the
provisions of the Audit Policy, GTE qualified for 100 percent mitigation of the gravity portion of
the penalty, paying only an economic benefit penalty of $52,264, and brought all its sites into
compliance.
2.3 Compliance Assistance
Compliance assistance consists of information and technical assistance provided to the regulated
community to help it meet environmental requirements. It is the most direct approach to
ensuring that requirements are widely known and understood within the regulated community.
Compliance assistance can also help regulated industries find cost-effective ways to comply
through the use of pollution prevention and other innovative technologies. EPA and states
provide compliance assistance services in a variety of ways. In FY97, EPA targeted a variety of
initiatives at the regulated communities: small business, metal finishers, auto services, dry
cleaners, and municipalities, as well as more generalized assistance. As mentioned, for the
second year, EPA regions measured their compliance assistance activities through the RECAP
process. Regions reported on two primary measurements: 1) number of compliance assistance
activities conducted, and 2) number of entities reached through the compliance assistance
activities. Within the "number of compliance assistance activities conducted" category, activities
were further broken down into six distinct subcategories:
• Telephone assistance
• Workshops, meetings, and training
• Compliance assistance tools
• Electronic or Internet resources
• On-site visits
• Other.
Figure 2-11 presents summary information on compliance assistance. For the purposes of this
document, compliance assistance activities have been grouped into three primary areas: 1) sector-
based compliance assistance activities, 2) statute-based activities, and 3) miscellaneous activities
(i.e., those that are neither sector- or statute-based; examples include community-based
initiatives, federal facilities, and general assistance).
July 1998
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
Figure 2-11. Compliance Assistance Activities Aggregate for Sectors, Statutes,
and Miscellaneous
Telephone
Assistance
Workshops,
Meetings,
Training
Compliance
Assistance
Tools
Electronic
or Internet
Resources
On-Site
Visits
Other*
No. of Activities
Conducted
No. of Entities
Reached
No. of Activities
Conducted
No. of Entities
Reached
No. of Activities
Conducted
No. of Entities
Reached
No. of Activities
Conducted
No. of Entities
Reached
No. of Activities
Conducted
No. of Entities
Reached
No. of Activities
Conducted
No. of Entities
Reached
Sector-based
3,615
3,397
103
49,518
420
8,020
586
65,260
954
870
164
14,460
Statute-based
32,373
34,430
746
47,630
1,530
44,850
70
20,670
1,870
1,040
1,990
71,530
Miscellaneous
7,584
5,507
100
3,270
60
613
35
2,110
140
215
83
12,300
Grand Total
43,572
43,340
950
100,410
1,990
53,480
700
88,020
2,960
2,120
2,230
98,280
Note: The above data reflect totals of regional compliance activities. In some instances (e.g., where
workshops did not require formal registration), regional estimates are included.
* Other activities include preparation of newsletters and articles to trade publications.
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3. FISCAL YEAR 1997: THE ACTIVITIES
In FY97, 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 initiatives to compliance assistance to policies and voluntary incentives. This
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 FY97, EPA identified three national priority sectors and ten significant
sectors. These sectors were selected as priorities for several reasons, including high
noncompliance rates and high-volume Toxic Release Inventory (TRI) chemical releases.
Designation as an EPA priority sector means these sectors receive special emphasis, both in
terms of compliance assistance and enforcement.
Section 3.2 describes community-based environmental protection (CBEP) activities. In FY97,
EPA developed multimedia enforcement and compliance assistance strategies for environmental
and noncompliance problems associated with particular communities or places, including
ecosystems and 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 are presented in
Section 3.3.
Section 3.4 discusses special accomplishments and initiatives within EPA's traditional media
programs. In FY97, EPA continued its media-based enforcement and compliance activities in
conjunction with other special initiatives to ensure the best protection of human health and the
environment. Finally, Section 3.5 presents information on facility self-disclosures under EPA's
Audit Policy.
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3.1 Industry Sector Priorities
In FY97, EPA identified three industrial sectors for priority attention: dry cleaners, petroleum
refineries, and primary nonferrous metals. In addition, EPA established ten significant sectors:
1) agricultural practices, 2) automotive service and repair shops, 3) coal-fired power plants,
4) industrial organic chemicals, 5) iron and basic steel products, 6) mining, 7) municipalities,
8) plastic materials/synthetics, 9) printing, and 10) pulp mills. EPA selected these 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.
To better understand the various industrial sectors, in FY97, EPA added nine new notebooks to
its Sector Notebook Series, bringing the total in the series to 27. The notebooks contain a variety
of information for a particular sector, including national distribution of facilities,.process
descriptions, waste releases, pollution prevention opportunities, applicable statutes and
regulations, compliance and enforcement history, pollution prevention opportunities, and a
contact directory. The notebooks are virtually the only government publication in which all of
these cross-cutting environmental issues are presented in a single document. The notebook series
is proving especially useful to federal and state regulatory officials, small business service
providers, community groups, educators, international organizations, and foreign governments.
The notebooks direct decision makers toward more holistic multimedia solutions to
environmental problems. Since the project's debut in 1995, more than 110,000 documents have
been distributed in hard copy and over the Internet.
3.1.1 National Priorities
Dry Cleaners
Dry cleaners were selected as a priority sector because they result in significant multimedia
releases to the environment 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
perchloroethylene in the wastewater; and generate more than 30 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.
At the national level, EPA conducted two significant compliance assistance projects:
• Korean Dry Cleaners Mentoring Program - EPA, Virginia, Maryland, the District of
Columbia, and the Korean Dry Cleaners Association of Greater Washington have
partnered to address the needs of the Korean perchloroethylene dry cleaning community.
These partners have developed a mentoring program where experienced dry cleaners
(coaches), who have been trained by EPA and the states, assist less sophisticated dry
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cleaners to increase their understanding of and compliance with environmental
requirements. Dry cleaners from 400 stores have attended group multimedia inspection
demonstrations. To date, 86 dry cleaners have been inspected by coaches and have
passed these multimedia inspections by demonstrating compliance with an inspection
checklist. Based on its experience, the trade association believes that dry cleaners who
have participated in the mentoring program have a 20 percent higher compliance rate than
other dry cleaners in the area.
i~
• Compliance Video for Dry Cleaners - EPA developed a two-part video in both English
and Korean that covers multimedia environmental regulations for perchloroethylene dry
cleaners. EPA has partnered with states, technical assistance programs, dry cleaning
trade associations, and other assistance providers to distribute and help evaluate, the
effectiveness of the video. EPA will be measuring the effectiveness of the video as a
compliance assistance tool and as a mechanism to change dry cleaners' understanding of
environmental requirements and their behavior through a customer satisfaction survey
and through working with the other assistance providers and trade associations to
evaluate the video's impact.
The following activities characterize compliance and enforcement efforts focused on dry cleaners
within EPA's regions. As shown, the regions used a combination of traditional activities and
compliance assistance:
• Region 1 's air program conducted 27 inspections of dry cleaners in F Y97. Five facilities
had violations and will be reinspected in FY98. Nineteen of the 27 inspections were
reinspection of facilities with past problems.
• Region 2 held four multimedia seminars for the Korean dry cleaner community and
participated in six multimedia dry cleaner seminars sponsored by the states. The
seminars informed more than 1,200 dry cleaner owners/operators about the applicable
federal and state requirements, EPA's compliance incentive policies, and other applicable
programs. In addition to holding outreach seminars, the region provided on-site
compliance assistance at 70 dry cleaning facilities.
• Region 2 conducted 100 air compliance inspections of dry cleaning. Based on the
region's inspections, only eight percent of the regulated facilities were in compliance
with the Clean Air Act (CAA). As a result, Region 2 issued 22 administrative orders to
dry cleaning facilities in FY97.
• In Region 3, a total of 75 inspections by EPA and 230 inspections by the states were
completed in FY97. While many sources were not in full compliance, violations were
largely found in the areas of recordkeeping and reporting, as opposed to the lack of
pollution control devices.
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Region 3's air program also gave presentations, assisted with the development of a video
of a mock inspection, wrote feature articles that appeared in Pennsylvania Dry Cleaners
and Launderers Association publication and the Pennsylvania Small Business Assistance
Program AIRHELP newsletter, and handled numerous calls for information.
During FY97, Region 4 conducted 73 compliance assistance dry cleaning inspections and
continued to utilize the Plain English Guide.. ., which is an in-depth explanation of the
regulations. Copies of the requirements were given to the regulated community during
these inspections, as well as mailed to anyone who requested them.
Region 5's Resource Conservation and Recovery Act (RCRA) program along with its air
program, worked with the Southeast Michigan and Chicago teams to offer compliance
assistance to dry cleaners. Illinois EPA participated and provided the region with a list of
facilities that require follow-up after they were offered compliance assistance. The region
conducted compliance inspections and found paperwork violations.
Region 6 conducted more than 300 inspections/compliance assistance visits in
environmental justice areas with emphasis in the Houston/Galveston and Dallas/Ft.
Worth areas. Compliance assistance tools were distributed during the visits, including a
video that was developed through a contract with a small business entity. The region has
noted an increase in submittals of registrations, an increase in conversion to dry-to-dry
equipment, and an increase in the use of drop-off sites.
Inspections were conducted by Region 6's air and RCRA program as part of a multimedia
enforcement effort. A total of 30 to 40 targeted dry cleaners was inspected. Three
cleaners were found to have a substantial number of RCRA violations.
Region 7 focused on identifying potential non-notifying facilities in the dry cleaning
sector. In conjunction with the FY97 inspections and from on-site responses as to what
type of compliance assistance was helpful, the team developed a multimedia compliance
document to address RCRA, air, and underground injection control (UIC) programs.
All six states within Region 8 conducted outreach activities for dry cleaners through
Small Business Assistance Programs funded from the CAA Title V fees program.
Outreach has been by workshops, mass mailers of guidance materials, and individual
visits.
Region 9 funded the local non-profit group Ecology Action. Ecology Action will be
hosting a series of workshops for San Francisco Bay Area dry cleaners. The dry cleaners
will be introduced to alternative technologies for cleaning garments professionally and
will receive the opportunity to view wet-cleaning processes firsthand.
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• Region 9's support for the state/local compliance assistance efforts resulted in many of its
regional dry cleaning facilities voluntarily choosing to switch from using hazardous
solvent cleaners (such as perchloroethylene) to non-hazardous solutions.
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 commonly are found at refineries. At the
national level, EPA conducted the following significant compliance assistance project:
• Compliance Tools For the Petroleum Sector - EPA developed two compliance
assistance tools for the petroleum sector. The first, Petroleum Refining MACTStandard
Enabling Document, was developed to increase understanding of the standard and present
pertinent information regarding the Petroleum Refining National Emission Standards for
Hazardous Pollutants (NESHAP) rulemaking in a simple and easy-to-understand format.
The second document, Benzene NESHAP FAQ Handbook for Subparts FF and BB, was
developed to improve understanding of Subparts FF and BB, which cover benzene waste
and transfer operations. Both documents are available via the Internet at
http://es.epa.gov/oeca/metd/ref.html/.
The activities described below characterize compliance and enforcement efforts in EPA's
regions:
• In FY97, the largest petroleum refining facility in the nation (located in Region 2), the
Hess Oil Virgin Islands Corporation (HOVIC), with a processing capacity of 500,000
barrels per day, pleaded guilty to criminal violation of RCRA following a multi-year
investigation and prosecution.
• Region 3 completed multimedia inspections at two major refineries, the largest TRI
emitters. The region reached a settlement with Sun Refinery for violations, and obtained
a supplemental environmental project (SEP) to restore wetlands and purchase a hazmat
truck for the City of Philadelphia. The RCRA program conducted four Subtitle C
inspections at petroleum refining facilities. Two formal actions were issued.
• In Region 4, 27 National Pollutant Discharge Elimination System (NPDES) permitted
refineries were identified at the beginning of FY96, and states were encouraged to inspect
as many of these facilities as possible by the end of FY97. The states and Region 4
inspected 70 percent of the facilities, including 100 percent of the majors. As a result,
four notices of violation (NOVs) and three administrative orders (AOs) were issued.
• Region 5 conducted seven inspections of petroleum refineries during FY97, including
four inspections as part of multimedia efforts. Six NOVs / findings of violations (FOVs)
were issued to petroleum refineries and seven cases were referred to DOJ, including four
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as part of multimedia enforcement actions. These cases included major emissions
violations of state implementation plans (SIPs), new source performance standards
(NSPS), NESHAPs, and prevention of significant deterioration/new source review
(PSD/NSR) violations.
Approximately 15 refineries were inspected by Region 6 in FY97. Twelve were found to
have potential violations ranging from leaking components to failure to performance test
flares and benzene issues. All are in varying stages of enforcement action development
with four administrative penalty orders (APOs) and three civil referrals to DOJ, one AO,
three consent agreements/consent orders (CACOs), and three civil judicial conclusions
completed to date.
Region 6 also conducted one polychlorinated biphenyl (PCB) inspection and one TSCA
Sections 5 and 8 inspection. The region maintained a highly visible TSCA enforcement
presence among the refinery sector with a total of three administrative enforcement
actions at refineries.
Region 7 has three active refineries that are all located in the State of Kansas. During
FY97, the team placed an emphasis on the Texaco refinery, at which NEIC conducted a
multimedia inspection. In February 1997, the refinery developed a risk management plan
as a result of a SEP.
In settlement negotiations with Farmland Industries, Inc., in Coffeyville, KS, Farmland
agreed to certify compliance with all requirements of CAA, RCRA, and EPCRA in
consent agreements. Along with agreeing to resolve all violations now known to EPA,
Farmland agreed to implement several SEPs at the refinery, which will cost
approximately $2.2 million. Farmland agreed to install a new flare scrubber to reduce the
likelihood of accidental releases of hydrofluoric acid into the neighboring community and
to install several safety upgrades that result in several environmental benefits. The
benefits to the environment include the protection of human health, worker protection
standards, and the protection of the ecosystem. Farmland also agreed to install controls
to reduce the amount of solids entering the facility's sewer system and thereby prevent
the generation of RCRA hazardous waste. The SEP involved both pollution reduction
and pollution prevention.
Region 8 organized a petroleum refinery sector team of nine staff members representing
programs having applicable regulations at refineries. The team's first effort was to
develop a targeting data matrix by researching risk, and to evaluate environmental justice
and community-based environmental attributes. In coordination with Region 8's
Environmental Justice Program, an Interim Environmental Justice Inspection Protocol
was implemented for all areas surrounding refineries.
During FY97, six different programs conducted a total of 13 EPA inspections and 32
state inspections at petroleum refineries. In addition, the UIC Program completed
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Shallow Injection Well Inventory Request Forms for refineries. The UIC program found
no wells.
As part of an outreach effort, the Region 8 staff continued to meet with the Rocky
Mountain Oil and Gas Association (RMOGA) Refinery Committee. Two meetings were
held during 1997. The refining industry was introduced to EPA's newer compliance
assurance projects and efforts including environmental justice (EJ), Project XL, and the
National Compliance Study.
• Region 9 organized an Oil Refinery Roundtable with representatives from industry, local
governments, and EPA to confer on three major categories of refinery pollution:
hazardous air pollutants, criteria air pollutants, and wastewater sludges. Eventually, the
roundtable participants decided to focus on wastewater sludges because this is an area
where there is the greatest potential for using pollution prevention. As the result of a
second roundtable, an erosion control project which is a collaborative effort among
industry, local government, and EPA emerged from this discussion. A group of oil
refineries working with an erosion control expert conducted a study examining the use of
erosion control methods as a means of pollution prevention. The team working on this
project is now collecting data and organizing site visits to refineries.
Primary Nonferrous Metals
. Production operations of primary nonferrous metals are subject to a number of regulations,
including those imposed by RCRA, CWA, and CAA. The following activities characterize EPA
regional compliance and enforcement efforts focused on primary nonferrous metal facilities:
• Region 3's RCRA program conducted two Subtitle C inspections at primary nonferrous
metals facilities. Further enforcement action is being evaluated for any facilities with
continuing noncompliance. In addition, Region 3 investigated 15 facilities. Of these
facilities, seven were found in violation and follow up enforcement actions have been
initiated and/or finalized for all seven facilities.
• Region 4 conducted five inspections at primary nonferrous facilities. The findings of
these inspections will or have already resulted in one formal enforcement action for
significant noncompliance (SNC) and two informal actions for significant violations
(SV).
3.1.2 Significant Sector Priorities
Agricultural Practices
Concentrated Animal Feeding Operations (CAFOs) arc a priority within the Office of
Enforcement and Compliance Assurance (OECA). In FY4)?. Ol-CA initiated development of a
CAFO Compliance and Enforcement Implementation Plan. A workgroup consisting of state,
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EPA, and United States Department of Agriculture (USD A) representatives provided the basis
for EPA's draft CAFO Strategy. The draft establishes a five-year CAFO inspection goal and
specifies the development of individual state CAFO Compliance and Enforcement Strategies.
The final Implementation Plan is planned for early 1998. OECA initiated a number of activities
in 1997 to support the Plan's goals. A primary activity was a CAFO National Meeting in Kansas
City, which brought together 42 states and all ten EPA regions.
In conjunction with the OECA national activity, several regions also targeted agricultural
practices in FY97. While CAFOs were a primary focus within the agriculture sector, there were
also other agriculture-related activities:
• Region 4 focussed inspections at facilities that manufacture pesticides. The states and
Region 4 inspected 67 percent of the 129 facilities, including 100 percent of the majors,
during FY96/97. As a result, 34 NOVs, two AOs, and two penalty orders were issued.
• Region 6's emphasis on CAFOs was on the NPDES general permit and its
implementation. Six EPA and 24 state CAFO inspections were conducted in FY97 to
determine if facilities were compliant with the CAFO general permit. Inspections were
held on a "spot check" basis in Texas and on a scheduled basis in New Mexico.
Oklahoma inspected a select number of the major facilities and determined the
compliance status. The region continues to improve its knowledge of the numbers of
facilities by the improvement of the database in all states.
• During 1997, Region 7 states took 26 enforcement actions against feedlots for water
quality-related violations.
• Region 7's Agriculture Sector Team partnered with the National Agriculture Compliance
Assistance Center (Ag Center) to develop a multimedia pollution prevention
compendium. The compendium includes written materials developed or distributed by
EPA that focus on pollution prevention and agriculture. The region also produced the
"Agricultural Pollution Prevention" fact sheet, listing EPA's available materials and
formatting the fact sheet for Internet distribution; it also developed a list of the "best"
agricultural pollution prevention sites on the Internet.
• In February 1997, Region 9 initiated a Regional Agriculture Team to complement the
Agriculture Initiative team by developing a Regional Agriculture Strategy and
incorporating agriculture pollution prevention principles into core agency programs.
Region 9's Agriculture Initiative Team has initiated Biologically Integrated Farming
Systems projects with other high environmental priority commodities/crops for
California, including walnut, cotton, tomatoes, and wine grapes These crops use large
amounts of targeted pesticides and fertilizers with potential impacts to water quality, air
quality, and human health.
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The Pesticides Program continued to use 16 cooperative agreements with states, tribes,
and territories to support enforcement programs in Region 9. Each of these 16 entities
conducted traditional pesticide use inspections and follow-up investigations to determine
compliance with local, state, tribal, and federal pesticides law. Appropriate enforcement
actions were taken and compliance assistance provided when necessary.
• Through the Region 10 CAFO Whatcom County Initiative, the region conducted NPDES
inspections at 67 targeted facilities; six were issued penalties, three were designated as
significant contributors of pollutants, six were issued certificates of merit, and 52 were
issued warning letters. Whatcom County was the first county selected for inspection
because it has approximately 280 CAFOs, the largest concentration of CAFOs in the
state. Other activities conducted as part of this initiative included several outreach
activities, including a presentation to Appraisers and Lenders of Washington State.
This initiative succeeded in several ways. First, it was a success because of the quick
enforcement response by the Agency. Enforcement response time (from inspection date
to enforcement action issuance) was less than two months in all cases. The response time
for issuance of penalties ranged from seven days to 55 days.
Second, the initiative was determined to be a success based on anecdotal information
received regarding the numbers of facilities now seeking assistance. The National
Resource Conservation Service (NRCS) in Whatcom County provides technical
assistance to producers. NRCS receives an average of three requests for assistance per
month. However, after the first week of inspections, NRCS received 83 requests for
assistance.
Finally, another indicator of success is the level of awareness that the producers as well as
citizens now have about CAFO requirements and concerns. This is illustrated by the
number of articles that has been written on CAFO activities in local newspapers. This
increased level of awareness also is illustrated by an increase in the number of phone calls
received by Region 10 from citizens concerned about discharges from CAFOs.
Auto Service/Repair
The auto service/repair sector is a significant priority sector because of the number of potential
threats to the environment, including chloroflourocarbon (CFC) and volatile organic compound
(VOC) emissions, petroleum releases, hazardous waste, Class V UIC wells, and PCB-
contaminated oils.
At the national level, OECA completed a multi-program, consolidated checklist for automotive
repair facilities that is being made available to both inspectors and automotive shop owners. The
checklist highlights key federal environmental requirements that affect an automotive shop
owner. An inspector can use this as a quick screen for EPA program requirements. The
automotive shop owner can use this as a self-audit and educational tool to quickly determine if
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the shop is complying with these key requirements. The checklist is available via the Internet at
http://www.ccar-greenlink.org/checklist.html/.
At the regional level:
• Region 1 's New England Environmental Assistance Team (NEEATeam) conducted 42
on-site visits to auto repair and body shops in New England. More than 30 of these shops
agreed to test the two-page compliance checklist designed by OECA. Compliance and
pollution prevention information was provided and the visits were well received overall.
The NEEATeam conducted three auto workshops during the past year and also wrote a
technical bulletin that provides compliance and pollution prevention information for the
industry. In addition, the NEEATeam also helped the Northeast Waste Management
Officials' Association (NEWMOA) develop the Municipal Officials' Practical Auto
Repair Shops Checklist. This checklist will be distributed at future workshops for
municipal officials.
• In FY97, Region 2 conducted 24 multimedia and 21 sampling inspections at auto body
shops. Twenty facilities were found in violation of state requirements. Region 2 also
conducted 47 underground storage tank (UST) and 94 UIC inspections in FY97. The
region received a total of 34 UIC closure plans and issued two UIC program AOs for a
total of $19,000 in penalties. Region 2 issued 14 field citations to service station owners
for violations of UST release detection requirements. A complaint was issued against the
owner/operator of 22 service stations for $601,011 in penalties. A case involving the
owner of 30+ service stations for violations of UST release detection and closure
requirements was referred to DOJ.
Region 2's UST program worked with New York State Department of Environmental
Conservation to conduct 11 outreach sessions in New York. A total of 1,425 members of
the regulated community attended these sessions which focused on the 1998 UST
upgrade requirements, as well as release detection. One outreach session was held in
New Jersey in concert with the New Jersey Department of Environmental Protection.
Additionally, the UST program responded to 350 inquires from the regulated community
on service station-related issues.
• Region 3 completed a telephone survey on compliance issues in the auto repair/service
sector in S/SW Philadelphia in FY97. It also continued its multimedia compliance
assistance activities, including holding an auto body environmental workshop; pulling
together contact lists for the national auto service sector compliance assistance center;
developing an overview of regulations covering auto service stations with state and EPA
contacts as appropriate; and participating with headquarters in on-site assistance visits in
Philadelphia.
• In Region 4, the activities associated with this initiative have been compliance assistance
visits (CAVs), at which inspectors conduct voluntary audits at auto repair shops. In
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FY97, the region completed a total of 43 CAVs and is currently in the process of
notifying the facilities of their requirements to comply and the length of the corrections
period.
Region 7 conducted an initiative to determine the compliance status of Kansas City, MO,
auto salvage dealers with CFC requirements. Fourteen businesses were inspected with
two receiving administrative complaince orders. By providing verbal compliance
assistance and written information to the businesses, all but one of the 14 businesses are
now in compliance.
Region 7 also implemented a region-wide investigation and compliance assistance project
to address the use of an unapproved refrigerant being used as a substitute for CFC-12 in
motor vehicle air conditioning systems (MVACS). The unapproved refrigerant being
installed in MVACS is known as HC-12a® and Duracool. Region 7 sent 20 information
request letters to individuals believed to be using this product. Based upon evidence of
violations resulting from our information request, Region 7 issued seven APOs. Also,
100 letters have been sent providing information to individuals either using, selling, or
trying to prevent the use and sale of this product. The official EPA brochures on this
product were provided to over 150 participants at two seminars.
In addition, Region 7 conducted an inspection of four auctioneers suspected of selling R-
12 refrigerant to uncertified technicians for automotive use. The sale of refrigerant to
either users in the automotive sector or users in the heating and air conditioning sector is
regulated under the CAA. Section 114 letters requiring submittal of information were
sent as follow up to the inspections. As a result, each of the four entities agreed to sell
only to certified technicians, improve their current recordkeeping practices, and to share
information on the regulations at their monthly Missouri Auctioneer's Association
Meeting, thereby reaching hundreds of affected parties. Although no enforcement actions
were taken, compliance was achieved as well as outreach to a broader segment of this
sector.
Region 8 participated in a partnership with industry and Front Range Community College
for the creation, maintenance, and promotion of a compliance assistance Internet
homepage. The purpose of this homepage is to translate complicated environmental laws
into everyday language that the normal business person can understand, and give that
person associated information on educational opportunities. Although the initial focus of
the information was the automotive service industry, the audience has expanded to
include several other industries and environmental information in general. During FY97,
there were 58,003 website hits, a large percentage of which has been to obtain automotive
service sector information.
Region 8 personnel also have made presentations at trade shows and meetings during
FY97 that were attended by approximately 45,900 people, all of whom own or manage
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automotive service industry businesses. The region also conducted compliance assistance
audits at auto service facilities.
• Region 9 conducted four underground storage tank compliance inspections (three state,
one on Indian lands) and 13 compliance assistance inspections, all on Indian lands.
Seventy-eight percent (133) of the air program's FY97 inspections were conducted as a
part of Region 9's automotive air conditioning activities.
• Training was provided on how to do a CFC inspection by Region 10 to EPA and state
inspectors. Students were cross-trained to do both respective program and auto service
shop inspections. This training has resulted in an increased field presence. In FY96,
about 80 inspections were completed, while in FY97, about 300 were completed.
Coal-fired Power Plants
Region 8's RCRA program (EPA and states combined) performed comprehensive evaluations on
33 of the 39 coal-fired power plants identified for this sector. Other than one minor violation of
labeling requirements, none of the power plants was found to be in violation of the RCRA
requirements for their generator status. During the FY96-97 study period, either EPA or the state
air program inspected each coal-fired power plant; Review of excess emission reports showed
high monitor downtime or excess emissions at 12 of the 39 facilities. Region 8's EPCRA
program worked with the state agencies to comprehensively evaluate 68 percent of the power
plants. Comprehensive evaluations consisted of determining whether annual inventory reports of
hazardous chemicals above designated thresholds had been submitted.
Industrial Organic Chemicals
Facilities in this sector use and generate a wide range of chemicals though a variety of processes.
Depending on the raw materials, processes, and equipment in use, releases may occur to all
media. For example, this industrial sector has traditionally been problematic for the EPCRA
program in the areas of non-reporting and data quality. In addition, PCBs are commonly found
in production equipment used at these facilities.
In Region 2, one RCRA NOV was issued and three enforcement actions were taken under
TSCA. Based on the region's two-year effort in this industrial sector, it is evident that the rate of
noncompliance is very low. In Region 4, there were four RCRA inspections targeted at
industrial organic chemical facilities that resulted in the determination of three SVs and one
SNC. In addition, ten inspections conducted in support of CBEP activities resulted in the
discovery of two SVs.
Region 5 completed a total of four inspections, three in Illinois (primarily in the Chicago metro)
and one in Ohio. The inspections were used as training tools for federal, state, and local staff to
establish methods for conducting HON inspections. The inspections investigated all aspects of
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the HON including applicability, storage tanks, transfer racks, process vents, and leak detection
and repair.
Iron and Basic Steel Products
Region 4 conducted three inspections at iron and steel facilities, and two facilities were identified
as SVs. Region 5's activity in the iron and steel sector focused on enforcement. Seven steel
mills were inspected in FY97, resulting in four NOVs and four referrals. The inspections
covered all the major steel mill sources (coke plant, by-products recovery plant, blast furnaces,
and basic oxygen furnace [BOF] shops). The enforcement actions involved several pollutants
(particulate matter [PM10], SO2, and benzene) and several regulations (SIP, NSPS, and
NESHAP). In addition to the inspections, the daily coke battery reports submitted to the region
on a monthly basis were used to monitor compliance with the coke oven NESHAP, as well as
with SIP limitations. A major settlement with LTC Steel was achieved, resolving violations at
its coke plant. The settlement included a cash penalty of $1.25 million and a SEP worth $1.8
million. Reductions in pollutants from the injunctive relief and SEP include 898 tons per year
PM10 and 45 tons per year VOC.
Region 5's mini-mill initiative was very active in FY97. Out of a universe of 22 mini-mills, nine
multimedia inspections were completed, eight self-audits were received, and two self-disclosures
were received and reviewed.
Mining
The activities performed by Region 8 in F Y97 for the metal mining facilities included universe
identification and comprehensive evaluation of select mining facilities. The universe
identification consisted of searching various databases to determine which facilities in Region 8
were metal mining facilities. Each program verified the compliance status of the selected
facilities through existing data and file reviews to the extent possible for their media. Following
the initial review of existing data, the region attempted to gather further data from: 1) the states
through meetings/phone calls to discuss the facilities; 2) the facilities through phone calls and
information requests; and 3) inspections. In addition, various activities were performed related
to inspections at mines and ongoing enforcement actions against mines.
In FY97, Region 8 referred two Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) §107 actions and concluded ten CERCLA AO/settlement actions at
mining-related sites. The region also used alternative dispute resolution (ADR) to facilitate
resolution of technical and enforcement issues at two mining sites in Utah.
The region's NPDES program conducted a multimedia (drinking water, NPDES, and Oil
Pollution Act [OPA]) inspection at the TVX Mineral Hill mine. This inspection resulted in an
NPDES APO, which settled for $125,000. The NPDES program also issued an APO to the TVX
Mineral Hill mine for failure to have an SPCC plan signed by a registered professional engineer.
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This APO was settled for a $5,000 fine. The NPDES program also offered technical assistance
to TVX Mineral Hill mine to help it come into compliance with the CWA and the SDWA.
Region 9 conducted CWA compliance evaluation inspections for a number of mines in
California and Arizona and continued work on active enforcement cases. This included referring
two cases to DOJ covering inactive mercury mines in California that were discharging metals in
excess of their NPDES permit limits and developing other enforcement actions.
Mining-related OPA compliance results in Region 9 included: 1) SPCC compliance inspections,
remediation technical assistance, and assistance with development of an SPCC training program
for Peabody Western Coal Company (PWCC) on Navajo lands; 2) inspection and follow-up
work on the P&M McKinley mine; 3) assistance to the BHP Navajo Mine; 4) participation in a
multi-agency meeting, including Navajo and industry; and 5) training and support for the federal
Office of Surface Mining (OSM) and Navajo minerals inspectors.
A key accomplishment for Region 9 in FY97 for NPDES mining issues has been establishment
of a mining team of technical staff dedicated to work on new source mining permits and
establishment of EPA as a cooperating agency with states on new source mining permits.
Municipal Wastewater Treatment
Region 1's NEEATeam provided municipal wastewater treatment plant operators with on-site
technical assistance and training. The Team also provided municipalities and certain industrial
sectors with information on how to comply with environmental requirements and how to prevent
pollution. The NEEATeam Municipal Sector conducted on-site compliance assistance visits to
19 wastewater treatment plants. In addition, the NEEATeam and Region 1's Office of
Ecosystem Protection conducted three conferences on "How to Comply with NPDES Metals
Limits." These conferences provided assistance to municipalities and industries for dealing with
low level metal content in wastewater discharges and related compliance issues.
Region 1 and all six states have actively participated in the region's wastewater treatment plant
operator on-site technical assistance. The region's operator training program conducted more
than 1,000 on-site technical assistance visits at more than 400 wastewater treatment plants.
Recent examples of on-site technical assistance successes include:
• Vermont Dairy Pollution Prevention Program (VDPPP) - The VDPPP began in 1994
when it was discovered that five wastewater treatment plants were in significant
noncompliance with their permit limits. The violations were caused by discharges of
waste from dairy industries in the communities. Staff from the Vermont Department of
Environmental Conservation (VT DEC) and the NEEATeam Municipal Group provided
on-site technical assistance to these five treatment plants and to 33 dairy facilities. The
VDPPP identified pollution prevention opportunities, provided technology transfer, and
increased treatment plant compliance. The program also produced a pollution prevention
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video for the dairy industry. The video, used to train employees at the 33 dairy facilities,
is now being used nationwide.
• Technical Assistance to Waterbury - The Waterbury wastewater treatment facility
(WWTF) had significant violations of its biochemical oxygen demand (BOD) permit
limit. The WWTF is an aerated lagoon that is designed to handle a loading of
approximately 750 pounds a day of BOD. However, it routinely handled a loading of
1,200 pounds a day. As part of EPA assistance efforts, the source of the high BOD was
identified. With continued assistance from EPA, Waterbury upgraded its aeration system
and accumulated sludge was removed from its primary lagoon. The industrial source of
the BOD constructed a pretreatment system, implemented pollution prevention
techniques, and is limited to discharging 200 pounds a day of BOD to the treatment
facility. Waterbury is now in full compliance with its permit requirements.
• Most Improved Wastewater Treatment Plant - Richmond has a small wastewater
treatment plant with a capacity of approximately 0.25 million gallons per day. The
facility serves approximately 249 residential, 54 commercial, and one industrial
connection. The plant had a history of effluent violations. Technical assistance efforts by
EPA and the VT DEC resulted in identifying a neighboring dairy facility as the main
cause of the plant's problems. The dairy facility was provided with technical assistance
and agreed to install flow equalization and pH adjustment equipment that would help
alleviate the operational problems at the treatment facility. The wastewater treatment
plant is now in full compliance with its permit requirements.
Printing
Region 1 's NEEATeam published and began to distribute its multimedia compliance and
pollution prevention manual entitled Fit to Print. As of October 1997, almost 1,500 manuals
were distributed. The manual was designed to be a comprehensive resource to printers and
contains state-specific regulatory inserts. The manual has been widely praised. A series of
outreach events for lithographers was launched by the NEEATeam including five workshops in
Maine and two in Connecticut. In addition, a follow-up effort has been undertaken to solicit
feedback from printers who received the manual. The follow-up effort will help the team
determine if the manual meets printers' needs, ways in which the manual might be improved, and
any questions printers have regarding the material in the manual.
In FY97, Region 2 inspected 22 commercial printers for compliance with RCRA requirements.
This brings the total compliance evaluations of commercial printers over the last two years to 39.
Most of the printers inspected were found to be small quantity or conditionally exempt small
quantity generators, to have tolling agreements for removal of solvents and recycling contracts
for photographic type wastes, and to be in compliance with RCRA hazardous waste
requirements.
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Region 2 continued its support in the printing sector of EPA's Common Sense Initiative (CSI)
New York City Education Project. This support included: 1) hosting CSI planning meetings,
2) building regional capacity to plan, coordinate, and enhance outreach among New York
stakeholders, 3) serving as Project Officer for four CSI community grants awarded at the end of
FY97, and 4) bringing to completion Region 2's idea to develop, with other CSI stakeholders,
the Environmental Compliance and Pollution Prevention Technical Assistance Directory for
New York printers.
Region 2 also provided support for state initiatives relating to printers. For example, the region
funded four NYSDEC pollution prevention/regulatory compliance workshops, provided staff to
serve as guest speakers, and assisted in the development of outreach documents (i.e., NYSDEC's
Environmental Self-Assessment for Lithographic Printers and Environmental Compliance
Pollution Prevention Guide).
Pulp Mills
Pulp mills in Region 3 are a significant source of SOx and NOx. Moreover, there has been a
substantial production increase in the last decade that may be related to unpermitted construction.
In FY97, Region 3 conducted eight detailed investigations of pulp mills. Of these eight, seven
were found to have substantial violations and appropriate enforcement or other responses are
under development.
3.1.3 Regional Sector Priorities
In addition to national sector priorities, EPA regions implemented regional sector enforcement
and compliance priorities 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. The following discussion
highlights regional sector priorities.
Region 1
During FY97, Region 1 focussed its compliance and pollution prevention assistance work with
the following sectors: metal plating and finishing, electronics, wood furniture manufacturers,
and schools. Three of these sectors were also CSI priorities.
• Assistance to Emergency Planners and Responders - The EPCRA team completed and
signed agreements with more than 350 State Emergency Response Commissions, Tribal
Emergency Response Commissions, and Local Emergency Planning Committees to
provide Computer-Aided Management of Emergency Operations software, training for
emergency preparedness, and guidance for ensuring that information is made readily
available to the public.
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Metal Finishing Workshops - The NEEATeam metal finishing sector conducted several
workshops to bring information on compliance requirements, pollution prevention
opportunities, and technologies directly to metal platers and surface finishers. One
workshop was attended by approximately 75 people on the chrome electroplating
Maximum Available Control Technology (MACT) standard. A second workshop co-
sponsored by a surface finishers trade association and others was attended by
approximately 100 people. NEEATeam also co-sponsored the annual meeting of the
American Electroplaters and Surface Finishers for the Rhode Island and Merrimack
Chapters.
NEEATeam Assistance to Schools - The NEEATeam kicked off its assistance efforts
with the school sectors by hosting a roundtable with a number of school assistance
organizations and contacting all New England states to identify and support their efforts.
Throughout the year, the NEEATeam sponsored numerous workshops and seminars for
Massachusetts school assistance providers to discuss compliance assistance issues and
concerns, strategize about how to provide better support on environmental issues, educate
providers about effective tools and assistance opportunities, and provide necessary
training for participants. The NEEATeam also established a clearinghouse of tools and
services to make the information readily available to its customers who provide assistance
to schools and conducted an environmental, health, and safety audit with other
organizations at the Dennis Yarmouth High School.
Public Agency Team - The Public Agency Team's enforcement activities were primarily
focused on inspecting large municipalities in urban settings as well as transportation
agencies and state universities. In addition to inspecting the public sector, the team
expanded its efforts to include state and municipal contractors and tenants located on
publicly owned sites. Approximately 145 team-related inspections and 26 enforcement
actions took place during the Fiscal Year.
In FY97, emphasis was placed on inspecting state transportation departments and
universities in Connecticut, New Hampshire, and Rhode Island. These inspections
identified several substantial environmental problems that will result in multimedia
enforcement actions. To date, an enforcement action has been issued to the Connecticut
Department of Transportation.
Chlorine Initiative - One-third of the region's APOs resulted from the region's chlorine
initiative. The intent of this initiative was to send a strong message to the regulated
community regarding this agency's intolerance to the discharge of extremely toxic
substances, such as chlorine. In fact, under this initiative, some of the highest penalties
($50,000470,000) were brought against municipalities. To underscore the message, for
facilities that have initiated steps in correcting chlorine violations, the region issued AOs
to assure the problem is taken care of in a specified time frame.
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Region 2
Region 2 has a high concentration of pharmaceutical facilities in the New York/New Jersey
metropolitan area and also in Puerto Rico. These facilities may potentially emit VOCs. They
also may be subject to new RCRA regulations and impending water regulations. Region 2
conducted 11 CAA, 21 CWA, and 3 multimedia inspections of pharmaceutical facilities in FY97.
The states conducted an additional 21 CWA inspections. In addition, six PCS inspections and
four Core TSCA inspections were conducted. The region also conducted 13 EPCRA §313
inspections. Two complaints and one consent order were issued. Based on the results of the
FY96 inspections, Region 2's RCRA program decided to focus on generators; therefore, 19 of
the 27 pharmaceutical inspections completed in FY97 were conducted at generators. Inspections
also were conducted at five treatment, storage, and disposal facilities (TSDFs), two non-notifiers,
and one boiler and industrial furnace (BIF). Additionally, four separate incinerator inspections
were conducted at TSDFs, which were simultaneously undergoing inspection by another RCRA
inspector.
Region 3
Chromium Electroplaters - Compliance assistance is a central activity in the chromium
electroplater sector. The region handled hundreds of calls concerning the Chrome NESHAP.
Another major assistance activity was the redesign of the chromium electroplating website for
Region 3. A major accomplishment in the chromium electroplaters area involves a referral to
DOJ for a source with facilities in at least three different EPA regions. The case began in
Region 3.
Region 4
Airport & Aircraft Maintenance Facilities - These facilities were originally targeted due to the
1996 ValuJet Airline crash which has been attributed to the mismanagement of hazardous
materials (specifically oxygen generating canisters) by airline maintenance facilities. From the
inspections conducted, the management of this type of waste does not appear to be a problem in
this industry. However, there did appear to be an overall trend in the mismanagement of other
hazardous wastes. Of the 34 inspections conducted, 22 SVs were identified. In addition, three
SNCs were identified for violations associated with the illegal treatment and storage of
hazardous waste generated from paint stripping and application operations on airplanes.
Bulk Petroleum Storage Facilities - In FY96, it was discovered that several of these facilities
were discharging benzene-contaminated wastewater onto the ground without a RCRA permit or
interim status. In FY97, the Region conducted 47 inspections at bulk petroleum storage
facilities, of which 15 resulted in the identification of SVs and the subsequent issuance of
informal enforcement actions. There were four facilities identified as SNCs, which have been
addressed by EPA formal enforcement actions.
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Region 5
Chromium Electroplaters - Region 5 developed and executed a pilot project to identify non-
notifiers in the Kenosha-Racine, WI, area. This area was selected as it was small enough to do a
complete review and the state had requested an increased federal presence. The results of the
pilot project have been the refinement of the information gathering steps and the initiation of
similar efforts to identify potential non-notifiers in Cleveland and Chicago.
Region 6
Louisiana Used Oil - Thirty-one RCRA inspections were performed in the geographical oil and
gas producing areas of southeast New Mexico and Central Coastal Louisiana. Most of the
inspected facilities are located in environmental justice areas. A total of 18 enforcement actions
was developed. Eight compliance orders with consent agreements and penalties were issued.
Five compliance orders with penalties were issued to New Mexico facilities.
SEPs were implemented in association with four of the enforcement actions. The SEPs involved
community-based regulatory compliance promotion projects in the form of seminars about
RCRA and EPCRA regulations and the generation and disposal of household hazardous waste.
Success is measured by the FY97 RCRA inspections in the same geographic area and industry.
One compliance order was issued from eight inspections. Awareness of the requirements for the
generation and management of hazardous waste in the New Mexico oil and gas industries was
apparent during the eight inspections because four of the facilities indicated they had attended the
RCRA seminar in their community earlier in the year.
Offshore NPDES General Permit for Oil and Gas Exploration and Production - Region 6
provided necessary reporting forms to more than 2,000 facilities for compliance monitoring and
reporting of the effluent quality of wastewater discharges from offshore platforms to the Gulf of
Mexico. As a result, the compliance rate for reporting is approximately 98 percent. Assistance
was provided through an estimated 300 telephone conversations with individual facilities,
consultants, and state and federal agencies regarding various compliance issues. General permit
coverage and reporting requirements were explained to ensure increased compliance. In addition
to accomplishing all of the planned activities for FY97, a presentation on NPDES Offshore
General Permit compliance and enforcement was given to approximately 100 permittees in
Dallas.
Region 7
Region 7 developed a broad multimedia strategy for addressing the threat to human health and
the environment from charcoal kilns in the Ozark region. The region established and operated a
monitoring site to determine compliance with the ambient air quality standard for PM,0 and
established a video monitor that could be accessed on the Internet to view the operation of the
kilns. Initial data from this study showed frequent exceedances of the PM10 standard and
indicated that on certain days, charcoal production emissions contributed to extraordinarily high
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ambient concentrations. The magnitude of the concentrations prompted Region 7 to issue 11
information requests to similar facilities under §104(e) of CERCLA. Information submitted in
response to this request indicated that significant quantities of methanol and nitrogen oxide
emissions from many of these facilities were previously unreported, in violation of EPCRA §304
and CERCLA §103. ' '
As a result of these actions, the industry entered into negotiations. In response to exceedances of
the PM10 standard, and in order to mitigate potential penalties for the EPCRA/CERCLA
violations, Royal Oak Enterprises, Patio Chef, and West Plains Charcoal entered into a consent
agreement on September 26, 1997, with EPA to install controls to drastically reduce their
emissions and to pay a substantial civil penalty. In addition, other companies in this industry
have committed to reduce their emissions in the short-term and to work with the Missouri
Department of Natural Resources to develop an air rule which will regulate all Missouri charcoal
kilns. This will result in the removal of over 100 million pounds of air pollutants during the 7-
year period provided for all facilities to be in compliance.
Region 8
A nationwide pilot program initiated by Region 8 and the U.S. Fish & Wildlife Service
(USFWS) has resulted in significant environmental success regarding problem oil pits (POPs).
Working with federal and state co-regulators (e.g., Bureau of Land Management [BLM], state
environmental agencies, and state oil and gas commissions), aerial surveys and approximately
320 ground surveys on POPs were conducted in Colorado (80), Montana (120) and Wyoming
(120) during the summer of 1997. Of these, EPA, USFWS, and co-regulators estimate that
approximately 50 percent are POPs that are in noncompliance with applicable federal/state
statutes or regulations.
In light of the number of noncompliers, a coordinated multi-agency approach has been
undertaken which allows the appropriate agency(ies) to utilize either compliance assistance,
informal enforcement, or formal enforcement to gain compliance. In FY98, EPA intends to issue
formal enforcement actions under CWA, OP A, and/or RCRA authority(ies) for three to five
Colorado facilities, seven Montana facilities, and five to ten Wyoming facilities. In FY97-98,
USFWS intends to issue 105 enforcement actions. In FY98, the States of North Dakota and
South Dakota are targeted for POP team activities. In FY99, the State of Utah is targeted.
Region 9
The Merit Partnership for Pollution (Merit) is a cooperative venture of the public and private
sectors. Its mission is to develop and promote pollution prevention practices and technologies
that both protect the environment and contribute to economic growth. Current projects involve
the development of an environmental management system (EMS) template, EMS demonstration
projects based on the international ISO 14001 standard, as well as demonstration projects with
the metal finishing industry and alternative fuel vehicle proponents.
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The Biologically Integrated Orchard System (BIOS) program has enjoyed continued support
from Region 9 through various grants and technical and management assistance. The mission of
BIOS is to build a community of farmers, other agricultural professionals, and public institutions
dedicated to the voluntary adoption of whole systems approach to farm management which is
flexible, maintains long-term profitability, and relies on less chemical inputs. In FY97, the
Agricultural Initiative Team implemented Biologically Integrated Farming Systems projects
along with other higher environmental priority commodities and crops for California, many of
which use large amounts of targeted, pesticides and fertilizers.
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3.2 Community-Based Environmental Protection Priorities
In FY97, EPA made significant progress in advancing 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 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 also is empowering communities by opening its
compliance and enforcement databases 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 community-based projects described in this section are achieving meaningful results. Some
take the form of traditional enforcement activities. Many of the benefits of community-based
projects consist of less tangible benefits, 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 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.
3.2.1 Region 1
Mystic River Watershed of Boston Harbor - The Sensitive Ecosystem team devoted most of its
resources to the Mystic River Watershed of Boston Harbor in FY97. There was a total of 57
inspections conducted, 17 enforcement actions, and one criminal referral.
In response to requests from several local officials, inspectors from the region conducted a half-
day seminar in January on federal environmental statutes (e.g., air, water, hazardous waste) for
many officials in the seven Mystic communities. This seminar was designed to heighten the
awareness of these front line officials so that they can incorporate environmental compliance into
their enforcement programs and notify EPA or the state when they identify an environmental
concern.
Team members worked with the Printers Partnership Program at the Massachusetts Department
of Environmental Protection to develop a strategy to select printers to inspect. Five printers were
mutually agreed upon as inspection targets from a list of 150. These printers were inspected by
RCRA staff and some also were inspected by air and water staff.
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In conjunction with the auto salvage yard team, all of the unpermitted storm water discharges
that fell in the auto salvage yards Standard Industrial Classification (SIC) code were identified in
the Mystic Watershed. Twelve facilities were identified through extensive research of the yellow
pages, Internet, and trade organization sources. Seven have been inspected in FY97 and the
remaining five will be inspected in FY98.
Lower Charles River Basin - The team continued oversight of seven municipal enforcement
actions directed at the removal of illegal sewer connections to storm drains, which have resulted
in the elimination of more than 20 million gallons of sewage per year to the river. The team
continued to negotiate combined sewer overflow (CSO) abatement facilities and investigate other
potential storm water enforcement cases.
New Hampshire Seacoast Project - Meetings were held with over 20 state, local, academic, and
environmental groups to solicit their input and priorities for environmental concerns in the
seacoast area. From these meetings specific project goals were developed relating to: wellhead
protection, shellfish bed protection, wetland/salt marsh protection, and deterrence. Based upon
these goals, a reconnaissance was conducted to identify specific targets for outreach and
inspections. During the reconnaissance, five RCRA inspections were conducted.
Runnins River - The region provided technical and programmatic assistance to the Runnins
River Steering Committee. This committee worked to find and eliminate pollution sources
including failing septic systems, leaking sewer lines, illegal storm drain connections, and other
runoff issues. A watershed assessment and wet weather study was initiated and public awareness
of pollution prevention within the watershed community was increased. EPA provided nonpoint
pollution and water quality funds.
The efforts of this committee resulted in the reopening of Hundred Acre Cove, a 104-acre area in
Harrington, RI, for shellfishing in May 1997. These shellfish beds were closed in 1995 due to
nonpoint source pollution from the ten square mile Runnins River watershed area which
transcends Rhode Island and Massachusetts. The reopening of the beds is attributed to the
cumulative improvements in controlling nonpoint sources such as septic systems, better control
of municipal and commercial discharges, and greater community awareness of land use.
3.2.2 Region 2
Region 2 has been moving toward addressing areas from a multimedia and/or place-based
perspective for some time (e.g., the Long Island Sound Initiative has been ongoing since 1985).
However, since FY95, the region has become increasingly aware of the need for stakeholder
involvement in these projects and has laid the foundation for incorporating the community-based
environmental protection approach into all of its work. CBEP requires the Agency to look at a
community's problems holistically and to work in partnership with stakeholders to design and
implement solutions.
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Barceloneta/Manati, Puerto Rico - A multimedia aquifer protection project was undertaken by
the region that encourages local agencies to promote wellhead protection in their area, inventory
potential sources of contamination, and target enforcement resources on high-priority
groundwater areas. Furthermore, the Barceloneta/Manati area has the highest concentration of
TRJ emitters in Puerto Rico (four reporters in Barceloneta; nine in Manati). Annual
dichloromethane releases to air are more than four million pounds.
The UIC program conducted 20 inspections that were all automotive related, including six
service stations, which were part of the leaking UST inventory. There were two training
seminars conducted in Barceloneta. One outreach seminar was directed to the community
leaders, environmental leaders, and local officials. The second seminar was directed to facilities
located within the CBEP area. There was also a direct mailing to 56 EPCRA TRI non-reporters
in the Barceloneta/Manati area.
There were seven SPCC inspections conducted (five field inspections, two plan reviews), and
one violating facility was brought into compliance. Compliance progress is being monitored at
the remaining facilities. No formal enforcement actions are anticipated at present.
South Bronx, New York - The South Bronx section of New York City is zoned for mixed
commercial and residential use. Although there are only three major pollution sources, (a sludge
pelletizing plant, a wastewater treatment plant, and a medical waste incinerator which is now
closed), the area is also subject to the emissions of a couple hundred minor sources (auto body
shops, junk yards, and dry cleaners) and to traffic (urban congestion). While no single facility is
a major problem, the cumulative impacts of these sources significantly affect the quality of life in
the local community.
The region is currently completing Phase 2 of its South Bronx CBEP project. Phase 2 close-out
activities include development of GIS maps of the area for distribution to the community and the
city and state agencies and development of a South Bronx CBEP website for linkage to the
regional CBEP webpage. Potential activities for a third phase of the project are currently under
consideration.
Region 2 held a public meeting in the Hunts Point community to notify residents of the area
about the activities of EPA and the city and state health and environmental agencies. Fact sheets
on public health, truck traffic issues, the wastewater treatment plant, the sewage sludge treatment
plant, and ambient air quality were distributed.
Twenty-four RCRA inspections were conducted in FY97. Two EPCRA 313 complaints were
issued for failure to submit a TRI reporting Form R in a timely manner. One case was settled
and one is now proceeding with settlement negotiations.
One chemical safety audit was performed at a chemical manufacturing facility. The audit report
was issued with recommendations for the company to improve practices for safe handling,
storage, and processing of chemicals.
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As part of the CBEP effort, EPA has funded projects related to asthma research, intervention, and
outreach activities through a combination of regional geographic initiative money, regional
discretionary grant money, and individual program money. Some projects are South Bronx
specific and some are more regional in nature. EPA-funded projects include:
• An integrated pest management pilot project with an associated literature and
English/Spanish video component for distribution to the community
• Cockroach movement pattern distribution research to provide information on patterns of
allergen distribution
• Co-funding of an asthma conference in New York City, which will have a community
input component
• Indoor air survey at Public School 48 in the South Bronx
• Provision of funding to a national inner-city asthma study for environmental
measurement and intervention in households in the South Bronx related to problems
associated with cockroaches, environmental tobacco smoke, pets, dust mites, mold, and
rodents.
Long Island, New York - This innovative initiative was undertaken to address an ecosystem
concern relating to contamination of a sole source aquifer that provides the drinking water for
two million people.
In FY97, the following inspections were conducted:
• 43 RCRA compliance inspections at hazardous waste generators
• 143 air inspections
• 38 water inspections
• Eight PCB and four core TSCA inspections
• Seven EPCRA inspections
• Nine SPCC inspections (eight field inspections and one plan review).
Middlesex County - Region 2 designated Middlesex County, NJ, as a priority area for
enforcement and compliance activities for several reasons. It has been identified as a non-
attainment area for ozone. It has the highest overall TRI releases to air, water, and land in all of
New Jersey. There are a large number of indirect wastewater discharges to the Middlesex
Utilities Authority, including sources from Superfund sites. There are 1,700 major and minor air
sources, 2,551 hazardous waste handlers, and 122 TRI facilities. It is home to three townships
(Carteret, New Brunswick, and Perth Amboy) that have been identified on low income/minority
charting exercises.
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In FY97, the following inspections were conducted:
• 21 RCRA inspections
• Nine UST inspections
• Eight air inspections
• Four TSCA PCB inspections
• 21 SPCC inspections (13 field inspections and eight plan reviews).
New York/New Jersey Harbor - Toxic pollutants have affected the water, sediments, and biota of
the New York/New Jersey Harbor. Harbor Estuary Program studies have identified 17 chemicals
or classes of chemicals of concern (COC) including metals, dioxin, PCBs, poly cyclic aromatic
hydrocarbon compounds (PAHs), chlorinated pesticides, and VOCs. The area is highly
industrialized, with a high concentration of TRI reporters (440 reporting facilities in 1991) and
releases to water, land, and air (88 major air sources in the Harbor area). The region prioritized
the northeastern New Jersey counties of Bergen, Passaic, Hudson, Essex, and Union as an area of
focus in FY97 although activities were carried out throughout the Harbor area. Activities were
focused on those industries with the largest releases/discharges of the targeted pollutants.
During FY97, Region 2 and the states of New York and New Jersey conducted:
• CAA inspections at 22 facilities
• 515 CWA inspections of minor permittees and 215 C WA inspections of majors
• 20 SPCC inspections (11 field inspections, nine plan reviews)
• 16 PCB inspections
• Four core TSCA inspections
• 20 EPCRA §313 inspections
• One EPCRA §313 seminar.
3.2.3 Region 3
South/Southwest Philadelphia, PA - This section of Philadelphia is an EJ community in one of
the nation's most densely populated industrialized areas. The primary objectives were to reduce
TRI pollutants, improve compliance, and reduce criteria pollutant emissions.
A pilot multimedia environmental health characterization was completed for Region 3 by the
Johns Hopkins University School of Hygiene and Public Health. This report will provide a
geographic profile of the findings which will assist Region 3 in establishing a long term strategy
for the protection of the South and Southwest Philadelphia environment.
The region conducted two RCRA Subtitle C and two Subtitle I inspections as part of a media
initiative to inspect local garages. Multimedia inspections were completed at two major
refineries, the largest TRI emitters. Region 3 worked with the state and local criminal authorities
and issued state charges against a local waste oil recycling business.
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Anacostia River, Washington, DC - This area in the District of Columbia is an EJ community
containing the Anacostia River, which is among the nation's most contaminated rivers. Fish
tissue contamination presents a serious public health threat to the economically disadvantaged
residents of the surrounding communities. EPA and others are seeking to reduce or eliminate the
human health risks posed by the contaminants of concern. There are problems associated with
storm sewers and health concerns over exposure to lead.
The region conducted eight RCRA inspections and multimedia inspections at federal facilities in
the area. The region conducted 31 UST leak detection inspections at two federal facilities.
Region 3 continued to evaluate potential sources outside of DC, which may have contributed
toxics to the Anacostia River. The region is developing compliance assistance workshops for the
automotive repair sector in the Anacostia communities.
Region 3 initiated a collaborative effort with the Department of Housing and Urban
Development (HUD), DC-ERA, and the DC Health Department to advance lead poisoning
prevention programs. As a result of this effort, critical attention was focused on the need for
passage of lead abatement worker protection regulations in the District.
Chesapeake Bay - The Chesapeake Bay has been an area of regional focus for some time. The
principal focus of the work includes: 1) reduction of nutrient loadings; 2) reduction of toxic
impacts to local areas of the Bay; and 3) protection of habitats. Much of the problem arises from
nonpoint and area sources that are not well suited to traditional enforcement responses.
Region 3's RCRA division conducted ten inspections in the watershed. The region conducted a
total of 12 UST inspections in the watershed. The region's water division initiated an
enforcement action against Smithfield Foods. Following a trial, Smithfield was fined $12.6
million, the largest CWA penalty ever. Smithfield Foods and two of its subsidiaries violated the
CWA by discharging pollutants, in violation of their NPDES permits, for years into the Pagan
River, a tributary of the Bay.
3.2.4 Region 4
Charleston/North Charleston, South Carolina - The Charleston/North Charleston area has a
number of environmental and human health issues. A meeting was held in late August 1997 with
the South Carolina Department of Health and Environmental Commission (SCDHEC) to discuss
the development of a compliance strategy. Seven asbestos NESHAP inspections were also
conducted in the Charleston CBEP area.
In July 1997, a special storm water inspection of Macalloy Corporation documented extensive
drainage of hexavalent chromium contaminated dust, slag, and ore into Shipyard Creek.
Shipyard Creek has been placed onto the CWA §303(d) list for impairment due to toxics. The
sample results from the inspection revealed hexavalent chrome, total chrome, manganese, lead,
arsenic, barium, and elevated total suspended solids (TSS) were being discharged in storm water.
Regional permit staff will work with the state to establish more stringent limits. In the interim,
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temporary controls were installed at the plant to address the violations found during the storm
water inspection. The state has required the installation of temporary controls in order to
mitigate problems identified during the storm water inspection.
3.2.5 Region 5
Northwest Indiana - A Compliance and Enforcement Committee was maintained with EPA
legal and media representation from all media. The committee met six times in F Y97 to
prioritize multimedia compliance and enforcement activities, and target multimedia inspections.
Two multimedia inspections were conducted, and a comprehensive plan for FY98 was
developed. The following activities were completed in FY97:
• An order under §3008(h) was finalized with DuPont to clean up its site in East Chicago
• Orders for the U.S. Steel Gary Works under CWA and RCRA were negotiated
• Interim measures proceeded for the USS Lead site under RCRA
• A removal action at the Gary Lagoons site was completed and the site was restored
• A consent order with potentially responsible parties (PRPs) was negotiated to remove
350,000 cubic yards of PCB and lead contaminated auto fluff from the H&H Enterprises,
Inc., site in Gary, IN
• Construction was completed by PRPs on the Waste, Inc., Landfill site in Michigan City,
IN.
Southeast Michigan (SEMI) - In addition to the routine programmatic enforcement efforts,
Region 5 initiated efforts to develop a systematic approach to targeting enforcement efforts in the
Delray area of Detroit. This is a severely impacted environmental justice community. The
efforts initiated in FY97 included meetings and discussions with representatives from the city,
state, county, and local citizens' groups. Additionally, regional management appointed an
interdivisional team to develop a targeting plan for the area.
Greater Chicago - The primary activity undertaken in FY97 was to conduct joint, multimedia
inspections at four scrap processing facilities in the Chicago area. Efforts have been made to
involve the public in a number of specific enforcement activities in Chicago. The best example
of this is the settlement of the Sherwin-Williams case. The case settled for approximately $1
million after several meetings with community members.
Gateway - The region sponsored two one-day environmental law training courses for local law
enforcement. The focus of the course was the type of environmental violations that occur in the
Gateway area, and the laws the officers have to enforce against these violations. As a result of
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this training, more police are issuing warnings and tickets, and the St. Clair County State
Attorney's Office is prosecuting twice as many environmental violations.
3.2.6 Region 6
Grunge River Basin - An environmental justice community has been identified in this river
basin and complaints have been received regarding the water quality of the river and potential
health risks. Five facilities (one non-ferrous metal facility, two chemical plants, a power plant,
and a municipality) were identified in this river basin. All five facilities were inspected using a
multimedia checklist. Four facilities were in compliance with all of their media-specific permits.
It was discovered that the municipality was out of compliance with its NPDES permit due to
recent power outages experienced at the plant.
Galveston/Harris Counties, Texas City - Texas City was selected for a CBEP program based on
its ranking on the region's Human Health Risk Index (HRI), proximity on Galveston Bay, past
enforcement record, and environmental justice ranking. A meeting with the mayor indicated a
very high interest in improving environmental compliance by working with EPA, Texas Natural
Resource Conservation Commission (TNRCC) and Texas City facilities.
A compliance baseline was established through a series of inspections and review of historical
enforcement actions. A series of meetings were held with the shareholders (EPA, the city,
TNRCC, and the Galveston Health Department) to develop the CBEP program and measures of
success. These measures included percent of participation by stakeholders and specific
reductions of noncompliance issues over a one-year, two- and five-year period. Increased
information was provided to the community and better working relationships were established
between the regulated community and the regulators.
Lake Pontchartrain Basin - Region 6 issued approximately ten orders to municipalities causing
effluent problems in the Basin. EPA also continued the ongoing lawsuit against the Cities of
Baton Rouge and New Orleans. LDEQ initiated more than 100 enforcement actions against
facilities within the Basin including the issuance of more than 60 orders. LDEQ also inspected
approximately one third of all permitted facilities within the Basin (nearly 300).
EPA and LDEQ are working together to bring municipalities and animal feeding operations into
compliance. These efforts will result in improvements in water quality when coupled with the
technical assistance over a five- to ten-year period.
3.2.7 Region 7
"Connecting with the People and Places We Serve" is a new color brochure produced by the
CBEP Marketing/Skills Development workgroup within Region 7. The brochure was distributed
at the Kaw Valley "Rollin' Down the River" festival. The brochure summarizes the major
principles of CBEP and highlights the Kansas River Watershed Enhancement Initiative as an
example of CBEP.
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3.2.8 Region 8
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, CO. EPA has provided funding
for facilitation and organization of the local stakeholder group. A group consisting of various
representatives from federal, state, and local governmental organizations, 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. EPA, through
both technical and enforcement representatives, has been providing leadership and expertise in
helping the group work toward characterizing and cleaning up this site. Region 8 is using a
multimedia "toolbox" approach so the group can evaluate the most appropriate and effective
tools for remediating this site. The presence of federal, state, and local enforcement
representatives has encouraged the group to consider a variety of regulatory and funding
approaches.
3.2.9 Region 9
Oakland- Region 9 is currently investigating a full range of environmental and related issues
affecting the West Oakland community via the new urban environmental justice pilot project.
Among the major issues of concern are contaminated soil and ground water, air quality, and lead,
which are intertwined with local planning and zoning issues, lack of communication, and health
concerns. In partnership with residents, local and state government agencies, and other parties,
EPA is working to identify and prioritize these issues and develop means for resolving them.
Consistent with information gathering and community networking goals, the region convened
focus group meetings to gain the community's perspective on environmental issues. A wide
variety of issues was raised in these meetings, including concerns about zoning, contamination
from past and present industrial activities, truck traffic, and perceived impacts of the new
Cypress freeway construction.
In April 1997 in coordination with the Bay Area Air Quality Management District, the Port of
Oakland placed two air monitors to collect data on particulate (PM-10 and PM-2.5) issues raised
by the community in regard to truck traffic.
Santa Monica Bay Project - The biennial review of accomplishments for the Santa Monica Bay
project was completed in FY97. Also, a key focus this year was seeking financing for
implementation of the comprehensive management plan. State and county funds have been made
available and technical assistance provided for storm water quality improvement projects.
Comprehensive monitoring of bacteriology, seafood consumption, and wetlands was completed
to provide decision makers and regulatory agencies with information necessary to assess water
quality at Bay beaches, update and revise fish consumption advisories, track trends in the
condition of natural resources, and assess regional impacts of contaminants on the Bay's
beneficial uses.
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3.2.10 Region 10
In FY97, Region 10's Air program renewed FY96 grants to four tribes and provided additional
funding to two other tribes to develop, implement, and enforce air quality management rules.
Five additional tribes received funds focused on ambient air quality monitoring. The funding
and grant monies that EPA has made available to tribes in recent years has helped to increase the
awareness of the Air program. In addition, Region 10 has conducted inspections at five air
pollution sources on tribal land.
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3.3 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 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, criminal program, federal facilities, and environmental
justice/tribal activities.
3.3.1 Cross-cutting or Multimedia Projects/Highlights
In FY97, there were several cross-cutting initiatives that were national in scope. While managed
at the headquarters level, these projects incorporate ideas, concepts, and personnel from
headquarters and the regions. The following are some examples of such initiatives:
• State delegations - In the state delegations arena, OECA's FY97 accomplishments
include working with states that have enacted audit privilege/immunity legislation to
ensure that enforcement and compliance requirements applicable to state delegation or
authorization of environmental programs are satisfied. On February 14, 1997, EPA
issued the Statement of Principles, Effect of State Audit Immunity/Privilege Laws on
Enforcement Authority for Federal Programs. This document reflects EPA's
interpretation of the impact of state audit laws on state enforcement and information
gathering authorities required as a condition of federal program approval.
• Compliance Information Project - OECA is undertaking the Compliance Information
Project (CIP), a new, supplementary approach to gathering and analyzing compliance
information. It was developed to address concerns that EPA's present methods and
processes to identify and use compliance information have not captured, internalized, or
used all of the compliance information potentially available to the Agency. The CIP will
identify useful compliance information through two mechanisms: 1) a broad survey of
compliance-related literature from government agencies, non-governmental organizations
(NGOs), academic and trade journals, and the Internet; and 2) field personnel interviews
of federal and state inspectors and other compliance experts using a roundtable format.
The information OECA gathers through the CIP will be channeled to the federal and state
personnel who design and implement information, targeting, and planning systems, to
enhance the Agency's ability to describe where compliance exists, improve EPA
databases, or guide EPA previously unidentified compliance problems. Under the current
schedule, a final project report is to be issued toward the end of calendar year 1998.
• Small Business Compliance Assistance Centers Program - In FY97, OECA continued
supporting its four existing small business compliance assistance centers, which provide
Internet and toll-free telephone assistance to the following sectors: automotive service
and repair, printing, agriculture, and metal finishing. Also this year, OECA established
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four new compliance assistance centers and expanded one of its existing centers. The
new centers will serve the printed wiring board manufacturing, chemical industry,
transportation, and local government sectors. The existing metal finishing center has
expanded its focus to include paints and organic coatings. In addition, the Centers
Program has begun to expand its focus to include state-specific environmental
compliance information.
Root Cause Analysis Projects - In
1997, OECA initiated four "root
cause" analysis studies: iron and steel
industry, nonferrous metals industry,
oil and petroleum industries, and
chemical industry. These studies are
designed to provide more detailed
accounts of inspection and
enforcement activity over time;
violations by media and by specific
pollutants released; and, where
available, causes of violations and
specific process units or equipment
involved.
Compliance Assistance Providers
Workshop - On July 21 and 22, 1997,
OECA sponsored the Compliance
Assistance Providers' National
Workshop. This workshop assembled
over 100 people and organizations that
provide direct assistance on
environmental problems and represent
a community with common problems
needing cooperative solutions.
Workshop participants engaged in a
discussion and produced a set of recommendations identifying how the community of
assistance providers can become more efficient, provide better assistance, reach more
clients, and guarantee sustainable assistance over the long term by documenting their
individual and collective cooperation and success. The findings and recommendations
resulting from the workshop are documented in a workshop report, available by
downloading from the Internet at http://es.epa.gov/oeca/oc/index.html/.
Sector Facility Indexing Project - The Sector Facility Indexing Project (SFIP) is a pilot
data integration effort that synthesizes environmental records from several data sources
into a system that allows facility-level and sector analysis. The indexing project
identifies permits and records associated with over 600 facilities in five industrial sectors,
Compliance Assistance Centers
The Centers Program also is embarking on a
multi-level assessment to determine the impacts
of the centers in three areas: outreach, customer
satisfaction, and behavioral changes. Based on
information EPA is able to collect at this time for
existing small business assistance centers, it is
known that:
- 15 percent of the metal finishing industry are
regular users of the Metal Finishing
Resource Center and over 40 percent of the
3,200 registered users are individual plating
shops.
- The Agriculture Center has distributed more
than 2,000 copies of compliance assistance
materials to information providers within the
agriculture community.
- 80 percent of CCAR-Greenlink® (auto
center) users go beyond the websites home
page for information.
- A follow-up survey of printers that viewed the
Printers National Environmental Assistance
Center's 1995 Green and Baseline Profitable
Printing Video Conference showed 92
percent of the surveyed participants
improved the environmental compliance at
their shop.
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provides data regarding compliance history and pollutant releases for each of these
facilities, and provides information on facility size, demographics, and toxicity of
released chemicals. Major SFIP accomplishments during 1997 included completion of an
EPA/State data quality review and an unprecedented review of data quality by the
facilities within the five profiled sectors before EPA publicly released the data. Updated
information on the Sector Facility Indexing Project can be accessed from the Internet at
http://es.epa.gov/oeca/sfi/.
Strategic Planning - OECA staff have been participating in Agency-wide efforts to
develop the long-term strategic plan required by the Government Performance and
Results Act (GPRA). Using the draft NECAP Strategic Plan as the foundation, staff
coordinated with other offices throughout OECA to prepare the numerous submissions on
OECA's proposed goals, objectives, and sub-objectives for the EPA plan.
Data Management - OECA developed and distributed a Data Quality Survey to
headquarters, regions, and selected states to identify data quality issues and concerns
specific to OECA's data systems. Survey results were summarized and recommendations
to resolve key areas of concern were presented in a final Report of Findings.
OECA has released an Internet-based SEP National Database. The SEP National
Database currently contains 318 projects included in enforcement settlements for FY94-
96. The database contains the following information: the statutory violations; a
description and technical details of the SEP; its estimated cost of implementation; and the
expected environmental impacts of the projects. The homepage also contains SEP-related
policy and guidance documents and sample settlement language. Additional SEPs will be
added to the database as information on new settlements becomes available. The SEP
Homepage, which contains the database and related information can be accessed on the
Internet at: http://es.inel.gov.oeca/sep or www.epa.gov/oeca/.
Targeting - OECA also initiated and completed an analysis of the Miscellaneous Plastics
sector (SIC Codes 3080-3089). This sector was initially targeted after the Transportation
and Energy Branch analyzed sectors for releases of "known or suspected carcinogens"
and observed that this sector had reported over 40 million pounds of releases (mostly to
air) in each of the last several reporting years. The next highest sector total is 9.5 million
pounds. The analysis includes region-by-region facility lists, an aggregation of total
releases by corporation, identification of facilities that report to TRI (but do not have a
corresponding record in the air data system), and a region-by-region facility list for all
facilities reporting releases of carcinogens regardless of industry sector.
Chemical Industry National Environmental Baseline Report - EPA developed the
Chemical Industry National Environmental Baseline Report (1990-1994) as a baseline
against which to measure compliance trends among the various subsectors of the
chemical manufacturing industry. Through an analysis of data related to economics,
demographics, the TRI, compliance monitoring actions, violations and enforcement
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actions, the baseline provides an overview of the U.S. chemical industry sector as a whole
(SIC codes in the 2800 series) and its subsector components (SIC Codes 281-289). It is
intended to be used by regulators, states, industry, and the public as a general profile of
the chemical industry and its environmental performance from 1990 to 1994. The
baseline report provides information that may serve as a catalyst for the development of
innovative compliance and enforcement initiatives and similar profiles for this and other
sectors on a state or Regional basis and help maximize efficiency in use of resources.
Through these activities, the Agency can promote efforts to achieve and maintain
compliance, and industry can attain a higher level of environmental performance.
Region 1
Region 1 conducted several cross-cutting or multimedia initiatives in FY97. The following are
examples of such activities:
• Compliance Leadership Through Environmental Auditing and Negotiation (CLEAN) -
To promote pollution prevention and improved compliance for small metal finishers,
printers, and wood coaters, EPA launched the CLEAN initiative. EPA, with state
environmental agencies and trade partners, developed standard terms for pollution
prevention assessments and enforcement relief consistent with the terms of the Small
Business Policy. On-site assessments were conducted at metal platers in New Hampshire
and Maine, as well as printers in Maine. The first assessment reports are complete and
participants from all states and sectors have recommended the expansion of this useful
assistance tool. Funding and other groundwork are in place to continue and expand
CLEAN in additional states, and to provide assessments in new industrial sectors.
The CLEAN program offers small and medium-sized businesses free, on-site compliance
and pollution prevention audits. CLEAN also offers limited enforcement discretion for
violations discovered during the process, in exchange for an agreement to correct
violations and undertake a "beyond compliance" pollution prevention project.
The Assistance and Pollution Prevention Office (A&P2) operated five assistance hotlines
during FY97 and responded to 11,349 requests for information. In FY97, A&P2 staff
gave more than 200 presentations at non-sponsored events to provide assistance or
explain EPA's programs and role in promoting compliance, as well as actions that go
beyond compliance. These events support implementation of pollution prevention,
environmental management systems, and other beyond compliance measures.
• HADCO Project XL (excellence in Leadership) Agreement - The HADCO Proj ect XL
Team in Region 1, Region 2, the State of New Hampshire, and the State of New York
culminated two years of effort by signing a final project plan (FPA) to encourage
beneficial recycling. HADCO is a printed wire board manufacturer with three facilities in
New Hampshire and New York. The company generates a metal hydroxide sludge (F006
waste), which it would like to have removed from regulation as a hazardous waste, in
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order to enhance the direct recycling of metal bearing waste streams generated by
HADCO's manufacturing processes. HADCO's proposal was accepted as one of the
original XL pilot projects, with the goal of devising an alternative to the existing process
for delisting a waste, which has historically taken four to six years to implement.
• ELP/StarTrack First Year Close-Out - EPA and its state partners completed the first
year pilot of the New England Environmental Leadership Program (ELP) and StarTrack.
The ELP provides incentives for businesses that develop and try new approaches to
environmental compliance and pollution prevention. The terms of the ELP agreements
were carried out by 21 participating organizations, including the completion of
compliance audits and EMS audits at eight StarTrack companies. The pilot was
successful in demonstrating a new way of ensuring compliance through use of third party
audits. Other ELP projects included a well attended open house at the United States
Postal Service (USPS) Hartford vehicle maintenance facility, hosted by USPS,
Connecticut Department of Environmental Protection (CT DEP) and EPA; the
publication of a primer on Design for Environment by Digital Equipment Corporation;
and the initiation of a model green plan for non-profit service organizations developed by
Crittenton Hastings House.
• Partners for Change - The NEEATeam recognition program, Partners for Change, offers
businesses a free environmental "pocketbook" of ideas on everything from recycling and
energy efficiency to waste reduction, available to every New England business. The
program was kicked off in February and March of 1997 when thousands of Partners for
Change brochures were mailed to grocery stores, small municipalities, printing and metal
finishing industries, and others. Approximately 20,000 brochures and 1,400
"pocketbooks" containing applications have been distributed to potential participants.
By September 1997, the first companies were approved as EPA partners making a change
to protect the environment.
• Pollution Prevention and the Bottom line - The NEEATeam quarterly newsletter,
Pollution Prevention and the Bottom Line, is distributed to approximately 3,100 people.
The newsletter includes timely information about rules and regulations that affect its
readers, details about upcoming conferences and seminars, as well as information about
national and regional EPA programs and services. Recipients of the newsletter include
facility managers, municipalities, state pollution prevention staff, metal finishers,
printers, wood coaters, as well as chairmen of LEPCs.
Region 2
From October 1996 through June 1997, Region 2 conducted 23 multimedia inspections
(consolidating 134 program inspections, or 5.8 programs participating in the average inspection).
These inspections resulted in violations at 19 facilities (an 82 percent hit rate) and 45 violations
with enforcement actions (a 34 percent rate of violations found per program inspection). In
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contrast, there were 1,876 single-media inspections, which resulted in 458 enforcement actions
issued.
In Region 2, integration of media-specific facility data and experience during targeting provided
more details of the targeted facilities for analysis, a greater chance of finding facilities in
violation, and a greater chance of identifying overall environmental management problems.
Region 3
Business Assistance Center - Region 3's Business Assistance Center offers assistance to
businesses through a toll free line, participation in work shops, links with business and trade
associations, and other services. Its focus is primarily on small- and medium-sized businesses.
Exchange - Region 3 produces a monthly report on its homepage called the Environmental
Compliance and Enforcement Exchange. This report includes items on compliance assistance,
regulatory reinvention, policies such as the audit policy, small business news, workshops and
conferences, Federal Register notices, grant programs to promote compliance and/or pollution
prevention, other compliance news of interest to the regulated community, and a list of regional
enforcement actions.
Region 4
Region 4 selected 22 facilities for multimedia compliance inspections during FY97. These
inspections were led by EPA and state participation was encouraged. The FY97 facilities were
selected primarily on state nominations and on the existence of a history of multimedia
noncompliance. As a result of more state involvement in the multimedia nomination process, a
much higher rate of enforcement was observed than from previous years. Out of the 22 facilities
inspected, 17 had or anticipate an enforcement action during FY97/98.
Region 5
Region 5 developed a multimedia tracking system to aid in the management of the region's
multimedia cases. The region is currently working toward a new, more user-friendly version of
the system. Region 5 also participated in four multimedia, multi-agency inspections in the
Chicago area. As a result of these inspections, the region discovered violations at three of the
four facilities.
Region 5 sponsored a joint Waste Minimization/Pollution Prevention Conference, which was
attended by 700 participants. The region conducted nine waste minimization opportunity
assessments at six USPS facilities, including auto service and plant maintenance sectors, two
industrial laundry facilities, and a manufacturer of footwear.
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Region 5 negotiated SEPs in 17 EPCRA cases. These SEPs resulted in a reduction of the use of
toxic chemicals by 319,755 pounds per year and a reduction in the release of toxic chemicals by
403,377 pounds per year.
Region 7
Region 7 developed a multimedia screening checklist that covers all media statutes (e.g.,
wetlands, UIC, CAA, RCRA, and NPDES). The checklist provides information about potential
problem areas for all media. A pilot multimedia screening inspection program was implemented
during the second half of FY97. During this pilot, approximately 125 Level B multimedia
screening inspections were completed.
Region 7 also developed an enforcement and compliance strategy to creatively solve complex
and difficult environmental problems using a mix of compliance and enforcement tools. The
targeting strategy is a multimedia risk-weighted strategy comparing release and emission data
reported under various Agency statutes with data reported to TRI and the Accidental Release
Reporting under EPCRA and CERCLA. The intent is to identify facilities which may be
releasing toxic chemicals that could pose chronic health risks to surrounding communities. In
FY97, five of the six data quality inspections targeted resulted in administrative enforcement
actions.
Region 8
Throughout the year, a team of regional technical and legal staff engaged in numerous
discussions with regional managers, headquarters, representatives from Regions 6 and 9, DOJ,
and representatives from ASARCO. This resulted in a settlement involving ASARCO facilities
in Montana and Arizona. This joint EPA-state action, which was lodged in January 1998, is
enabling the governments to achieve comprehensive water quality protection, based on the federal
government's jurisdiction over surface waters and Arizona's jurisdiction over groundwater. In
addition, ASARCO agreed to spend $50 million to clean up and restore the environment across the
two states. The settlement provides for Arizona to share in almost a fourth of the $6.38 million in
civil penalties.
Region 9
The signing of the Intel Final Project Agreements (FPAs) last November was the cumulation of a
tremendous effort that encompassed technical, political, and local involvement issues of
XL/ELP. Implementation of the FPA has been very smooth. The only real controversial issue
was that the facility's VOC scrubber went down occasionally, but in accordance with the
approved operations plan.
The Bay Area Green Business Program (GBP) is a Region 9 cooperative effort with state and
local governments to test a new model that consolidates compliance and provides resource
conservation and pollution prevention information to small businesses through a recognition
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program. Specifically, small businesses identified several characteristics that are important to
them: 1) better working relationships with regulators; 2) a single source to go to for all
environmental compliance information; 3) a consolidated set of environmental compliance
requirements; and 4) information on useful resources.
• Since January 1996, Region 9 has been providing hands on support to local governments
in Napa and Alameda Counties to implement the GBP model in the Bay Area. To date,
both counties have implemented the program for the first targeted industry, automotive
repair, and are currently focusing on other small business industries. In June of 1997,
both counties conducted recognition events for the auto repair shops that achieved the
program standards. Napa County recognized four of its initial ten shop participants and
Alameda County acknowledged five shops (with another 40 expressing interest). In
addition, other counties (Contra Costa, Marin, Santa Clara, and Sonoma) are taking the
first steps toward implementing GBPs in their communities.
The National Enforcement Training Institute - The National Enforcement Training Institute's
(NETI'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 9,986 environmental enforcement professionals in
FY97. Providing training for state, local, and tribal personnel remained a strong focus of NETI's
efforts, as 5,757 students were trained from these organizations. A total of 3,678 federal
employees received training, and international students numbered 201. Approximately 89
different courses were offered by NETI and its partners during FY97.
NETI piloted several new courses during FY97. NETI introduced "Environmental Enforcement
Negotiations Skills-The Basics," a "Multimedia Inspections" course, and an updated version of
the "Basic Inspector Training."
3.3.2 Federal Activities
Region 2
Throughout FY97, Region 2 worked closely with Brookhaven National Laboratory to
obtain the Puerto Rico Energy Council's agreement to accept the MARKAL-MACRO
Energy System Model. The Puerto Rico model, which will be the first of its kind in the
U.S., will allow the integrated assessment of energy, land use, air quality, and
transportation impacts from facilities and energy usage. The results can be depicted
accurately in a GIS format.
Region 2 reviewed 25 environmental impact statements (EISs), including several
complex and/or controversial projects (e.g., the Newark Bay CDF, the Felts Mills
Hydroelectric Project, the Brooklyn Courthouse Project, and the Relocatable Over-the-
Horizon Radar Project), and over 115 other environmental review documents.
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Region 10
• Region 10's core TSCA program organized cross-training with U.S. Customs inspectors
and input specialists at five ports in Region 10. Educational efforts focused on
enforcement and compliance assistance. As a result, there has been a 40 percent increase
in telephone calls from U.S. Customs inspectors requesting technical assistance. Also,
EPA's core TSCA inspector intercepted a shipment in violation of TSCA §13 and a
notice of noncompliance was issued.
• Region 10 reviewed and commented on the Pierce County, Washington Landfill EIS
regarding §309 of the CAA. The proposed landfill was to be sited on a forested wetland,
adjacent to a creek. EPA found that alternatives presented in the EIS were not adequately
analyzed to ensure that the proposed action was the least environmentally damaging
possible alternative. EPA's coordination with the U.S. Army Corps of Engineers (Corps)
provided instrumental support for the Corp's denial of the §404 permit. Subsequently,
Pierce County sued the Corps (EPA was named in the lawsuit) and lost on all counts.
3.3.3 Criminal Program
EPA's criminal program conducts investigations of violations of all environmental laws
administered by the EPA. The Agency's criminal investigators also cooperate with other federal,
state, tribal, and local law enforcement organizations.
Initiation of criminal investigations are guided by the January 12, 1994, Office of Criminal
Enforcement's 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 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 guidance is designed to promote consistent but flexible application of the
criminal environmental program. Cases that fail to meet at least one of the identified criteria
may not be appropriate for federal criminal investigation and prosecution. The guidance requires
cases not being pursued criminally to be referred to EPA's civil enforcement arm for
administrative or civil judicial action or, where appropriate, to state, tribal, or local authorities for
appropriate action.
The Pollution Prosecution Act (PPA) of 1990 authorized 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 FY97, EPA had increased the
number of criminal investigators to 199 compared to 47 in FY89. This additional investment in
agents has yielded significant increases in most key areas of the criminal program including 551
cases initiated by the end of F Y97.
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The Office of Criminal Enforcement, Forensic, and Training (OCEFT) has several areas of
primary emphasis where it has focused substantial resources during FY97. Two of these areas
are discussed below.
One of OCEFT's priorities deals with the investigation of environmental crimes in
environmental justice communities. Each region has identified specific communities by race,
ethnicity, or income that bear disproportionate adverse impacts from pollutant sources. In the
past two Fiscal Years, more than 30 percent of the cases initiated by the Criminal Investigation
Division (CID) occurred in EJ areas or involve industries that have repeatedly committed
environmental crimes in minority or low income areas.
Another area of emphasis focuses on potential environmental violations occurring in the
Mississippi River watershed. Throughout FY97, EPA participated with DOJ, the United States
Coast Guard, and other federal and state entities in environmental task forces in that area. Using
traditional law enforcement techniques, as well as strong data and science, a number of CID
offices have opened investigations which target the elimination of illegal pollutant discharges
along the Mississippi River and its tributaries. These investigations frequently target sources
which threaten ecosystems and environmental justice communities. At the close of FY97, CID
had opened 164 investigations that involved or had a direct impact on the Mississippi watershed.
3.3.4 Federal Facilities
The primary goal of EPA's federal facility enforcement 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. This comprehensive approach is designed to help federal
agencies develop appropriate compliance strategies and request adequate funding to carry out
those strategies. EPA's Federal Facilities Enforcement Office (FFEO) is responsible for
ensuring that federal facilities take all necessary actions to prevent, control, and abate
environmental pollution. FFEO participates in enforcement negotiations, oversees compliance
assistance and enforcement activities undertaken by the regions, and resolves enforcement
disputes between EPA and other agencies.
During this past Fiscal Year, EPA issued under all media a total of 29 orders (including field
citations) and settled 13 penalty cases against federal agencies collecting $1,011,524 in cash and
providing for $2,824,639 in SEPs. Moreover, EPA completed two CERCLA cleanup
agreements addressing contamination at two formerly used defense sites with cleanups estimated
to cost a total of $35.4 million.
During F Y97, there were significant interpretations of some environmental statutes resulting in
increased enforcement authority for EPA against federal facilities. For example, in July 1997,
DOJ's Office of Legal Council (OLC), in accordance with Executive Order (E.O.) No. 12146,
issued a decision resolving a legal dispute between two Executive Branch Agencies—Department
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of Defense (DOD) and EPA. This dispute originated from differing interpretations of the CAA
specifically, whether federal agencies would be subject to CAA field citations. The OLC
determined that EPA has penalty authority against federal agencies for violations of the CAA
(not just field citation authority) using the clear express statement standard. This decision is
significant because EPA has penalty and order authority against federal agencies provided that
the statute is clear. This occurs regardless of whether the waiver of sovereign immunity would
be considered broad enough to subject the federal agencies to penalties assessed by those outside
the federal government.
Using this clear express statement standard, EPA also has penalty authority for violations of the
UST provisions of RCRA. In February 1997, FFEO and the Office of Underground Storage
Tanks sent a memorandum to the regions encouraging them to conduct inspections and issue
field citations to federal facilities, where appropriate. Approximately 40 inspections have been
conducted nationwide in this area, resulting in 18 field citations assessing over $6,650 in
penalties. Seven agencies have paid them including DOJ, the Army, the Navy, and the Veterans
Administration.
Historically, EPA has emphasized compliance with hazardous waste requirements at federal
facilities. Passage of the Federal Facility Compliance Act (FFCA) enhanced EPA's enforcement
authority enabling the Agency to pursue federal agencies in the same manner it pursues private
parties. In FY97, EPA initiated 14 enforcement actions at federal facilities: nine were written
informal, one was a §7003 order at the Washington Navy Yard in the District of Columbia, and
four were §3008(a) orders totaling $442,825 in penalties against federal agencies including the
Veterans Administration, the Bureau of Indian Affairs (BIA), and the Navy.
Four of these penalty cases deserve special mention as they were settled with civilian federal
agencies: the Coast Guard, the National Park Service (NFS), BIA, and the Bureau of
Reclamation (BOR). EPA has not traditionally inspected these types of facilities to the degree it
has those of DOD. EPA has seen real improvement in DOD RCRA compliance rates as a result
of these DOD inspections. For example, the number of DOD facilities with class 1 violations
(the most serious level of violation) decreased six percent since 1993. EPA's experience shows
that enforcement works as an effective deterrent in the public sector. EPA expects this trend to
continue as EPA more systematically inspects civilian federal agencies.
In August 1996, Congress amended the SDWA to provide EPA and states with penalty authority
against federal facilities. EPA now has administrative penalty authority to assess up to $25,000
per day per violation of the SDWA against federal agencies. This broad penalty authority is
significant because EPA must go to federal district court to pursue similar penalties from private
entities. FFEO has issued a draft guidance in FY97 on this matter which became final in June
1998.
After an initial two-year emphasis on outreach, guidance, and EPCRA compliance assistance,
EPA is now examining the EPCRA compliance status of federal facilities. To facilitate this
initiative, FFEO developed a guidance to address noncompliance with EPCRA at federal
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facilities. Approximately ten EPCRA inspections were conducted at federal facilities in FY97 as
part of this initiative, with another 25 to 30 inspections expected in FY98.
During FY97, EPA placed particular emphasis on a number of key initiatives including the
issuance of the following:
• Federal Facilities Environmental Justice Enforcement Initiative (FFEJEI)
• Implementation Guide for the Code of Environmental Management Principles (CEMP)
• Federal Facility Compliance Act Enforcement: Analysis ofRCRA Administrative Orders
Issued at Federal Facilities
• Underground Storage Tank Field Citation Guidance
• Improving Communication to Achieve Collaborative Decision Making at Department of
Energy Sites
• Streamlined Oversight Guidance, which provides direction to the regions on how to
better use their limited oversight resources by streamlining where appropriate.
A nationwide total of 27 multimedia inspections was performed at federal facilities during FY97
in a coordinated effort by EPA and state inspectors. The multimedia inspections took place at
four civilian federal agency facilities (USPS, DOJ, Veterans' Administration, and the
Department of the Interior [DOI]/BIA), 20 DOD facilities, and three Department of Energy
(DOE) facilities.
As required by E.G. 12856, the final version of the CEMP for federal agencies was developed by
EPA and published (61 FR 54062, October 16, 1996). The CEMP has been endorsed by all 16
federal departments and agencies covered under E.O. 12856. The CEMP includes five broad
environmental management principles developed to address all areas of federal environmental
responsibility. The five principles are: 1) management commitment; 2) compliance assurance
and pollution prevention; 3) enabling systems; 4) performance and accountability; and 5)
measurement and improvement. FFEO completed the Implementation Guide for the Code of
Environmental Management Principles for Federal Agencies (EPA 315-B-97-001, March 1997),
which contains a self-assessment matrix that is proving useful for facilities evaluating where
their current management programs are and where they need to go.
In February 1997, the General Counsels of all military and civilian federal agencies received a
letter from the Assistant Administrator for OECA and the Attorney General for the Environment
& Natural Resources requesting that no federal agency invoke provisions of a state audit
privilege or immunity law. Rather, reliance on self disclosure and EPA's Audit Policy should be
encouraged. As a result of this letter, DOD issued a national policy instructing each DOD
facility to obtain headquarters approval before relying on a state audit privilege or immunity law.
Other environmental auditing-related activities include issuing of the following auditing
guidance documents: Generic Protocol for Conducting Environmental Audits of Federal
Facilities (EPA 300-B-96-012A&B, December 1996) and Environmental Audit Program Design
Guidelines for Federal Agencies (EPA 300-B-96-011, Spring 1997).
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FFEO has been working with other federal
agencies on implementing the President's
regulatory reinvention initiative with a
particular focus on Project XL.
EPA and DOD have initially agreed that
Vandenberg Air Force Base in California
should serve as the prototype federal facility
for Project XL. In 1996 and 1997, EPA
worked closely with the Air Force and DOD
to complete the Vandenberg Air Force Base
FPA. This prototype project will allow
Vandenberg to reduce environmental
compliance costs and apply the savings
directly to pollution prevention programs at
the facility.
EPA has completed a focused environmental
justice enforcement initiative at federal
facilities. This initiative uses the most current
TRI data reported by federal facilities coupled
with enforcement and compliance data to
target facilities in low-income and minority
populations for enforcement and compliance
actions. As a result of maps generated at
federal sites, FFEO is recommending the
regions plan and target multimedia inspections and related enforcement activities at the federal
facilities identified in the report. The final report is entitled Federal Facilities Environmental
Justice Enforcement Initiative (FFEJEI) (EPA 315-R-97-001).
In May 1996, OECA issued an interim policy and guidance on Environmental Management
Reviews (EMRs) conducted at federal facilities. An EMR is an evaluation of an individual
facility's program and management systems to determine the extent to which a facility has
developed and implemented specific environmental protection programs and plans which, if
properly managed, should ensure compliance and progress towards environmental excellence.
The interim final policy lays out the definition of an EMR, the operating principles under which
EMRs are to be conducted by the EPA federal facility program, and the context in which EMRs
will be conducted by EPA for the pilot EMR program that occurred during FY97. Upon
completion of the pilot, OECA will study lessons learned for the development of a final EMR
policy in FY98.
The following are selected highlights of regional compliance monitoring and assistance activities
at federal facilities.
Cease Fire
EPA ordered a cease-fire effective May 19, 1997,
at one of the largest National Guard training
areas in the Northeast in an effort to protect Cape
Cod's drinking water from contamination. Region
1 ordered Army National Guard (NGB) to
suspend all training activities at Camp Edwards
on the Massachusetts Military Reservation
(MMR) that could release contaminants to the air,
soil, and water on upper Cape Cod. EPA also
ordered NGB to immediately begin cleanup of
lead and unexploded ordinance from firing ranges
and impact area on base. Guard officials said
publicly they would comply with the order.
The Cape Cod aquifer is the sole drinking water
source for approximately 200,000 permanent and
520,000 seasonal residents of Cape Cod. The
MMR Training Range and Impact Area is directly
above the most productive groundwater recharge
area of aquifer, the Sagamore Lens.
Groundwater flows radially in all directions from
Training Range and Impact Area. Four towns
around MMR look to this region in northern part of
MMR to find new water supplies to replace those
already lost to groundwater pollution and to fill the
gap between supply and demand (expected to be
11 million gallons/day in year 2020).
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Region 1
With the contractor funding and assistance provided by FFEO, Region 1 was able to organize
and conduct six EMRs and prepare six comprehensive EMR reports with suggestions for
improvement. These reports have been very well received by the facilities. The region has now
conducted a total of 17 EMRs since 1994. The FY97 facilities included the two Army Corps of
Engineers facilities in Oxford and South Royalston, MA; two U.S. Coast Guard facilities in
Boston and South Weymouth, MA; Acadia National Park in Bar Harbor, ME; and the Vermont
Army National Guard facility in Colchester, VT.
Four informational seminars were held for the New England federal facility environmental
managers throughout the year. Speakers from EPA Headquarters, DOD Army Environmental
Center, and the region discussed the XL ENVVEST program, the new SDWA, the Munitions
Rule, and the Range Rule.
Region 2
In addition to frequently providing assistance to all types of federal facilities through routine
telephone requests, the region conducted the following compliance assistance activities in FY97:
• Region 2 and New Jersey DEP Federal Facilities Workshop - This joint EPA and
NJDEP workshop was designed to educate federal facility representatives in New Jersey
about their state environmental requirements.
• Region 2's 1997 Federal Facilities Conference, Federal Facility Environmental
Management Strategies Into the 21st Century - This regional conference served as
Region 2's primary vehicle for informing federal facilities about EPA's regulatory
developments and programmatic initiatives.
• Region 2 and New York State DEC Federal Facilities Workshop - The goal of this
workshop was to inform federal facility representatives in New York State about their
state regulatory requirements.
• Pollution Prevention Opportunity Assessment (PPOA) - This PPO A was conducted with
the USCG training facility in Cape May, NJ. It was funded by OECA, coordinated by
Region 2, and conducted by headquarters. The conclusions and reports are in the process
of being issued.
Region 3
Region 3's RCRA office conducted inspections at ten federal facilities including seven located in
the Anacostia community-based project. Two of these inspections were multimedia inspections
awaiting final reports. Of the remaining eight facilities, complaints will be issued to five
facilities and an NOV will be issued at one facility. Two facilities were found to be in
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compliance with RCRA regulations. The RCRA program also conducted 11 UST Subtitle I
inspections at federal facilities, eight of which are located in the Anacostia area.
Region 4
Region 4 conducted a federal facility multimedia inspection at Redstone Arsenal in Huntsville,
AL. The inspection at Redstone Arsenal resulted in an enforcement action by the drinking water
enforcement program. The program issued an AO to Redstone Arsenal, based on violations of
the Total Coliform Rule (TCR), the Surface Water Treatment Rule (SWTR), the requirements for
public notification, and maximum contaminant level (MCL) exceedances. This AO is the first
one in the nation to be issued under the 1996 SDWA Amendments using the new streamlined
AO process and incorporating language based on the federal facility provisions. This effort was
the result of numerous discussions between Region 4, the State of Alabama, and EPA
Headquarters.
Region 5
Region 5 hosted the Federal Facilities Multimedia Compliance Pollution Prevention Conference
in Chicago, IL, in 1997. This annual conference provides federal facility environmental
managers with important information and updates to facilitate more effective and efficient
management of federal facilities, and to encourage interaction and exchanges with counterparts.
Region 6
Region 6 conducted two multimedia federal facility inspections. The facilities inspected were
Tinker Air Force Base, OK; Corpus Christi Naval Air Station, TX; and Corpus Christi Army
Depot, TX. The Annual Federal Facilities Conference was held in September 1997, with 139
attendees and participation from all five state agencies and a League of Women Voters member.
Two pilot EMRs were conducted at the Federal Aviation Administration (FAA) and USPS. Two
quarterly compliance status reports were issued. Results show eight facilities with SNC status.
Region 7
Region 7 hosted a Federal Facilities Conference in June 1997 for federal agency environmental
managers, environmental compliance officers, administrators, and other decision makers.
Approximately 100 people attended the conference and received information on current and
future environmental regulations, information technology, compliance assistance, and
management principles to complement federal facility environmental planning.
Region 8
Region conducted a total of seven multimedia inspections at federal facilities in FY97. The
Region 8 states participated in four of the seven inspections. Two of the multimedia inspections
were conducted at civilian federal facilities. Overall, six different media programs participated.
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Region 8 conducted 63 federal facilities inspections, which is up from the 36 reported in FY96,
and inspected facilities often different federal agencies, including eight civilian federal agencies.
Region 8 completed 29 technical assistance, compliance assistance, and outreach activities
during FY97. The FY97 activities reached more than seven federal agencies (some reached
many at once), including at least six civilian federal agencies.
Region 9
Region 9 worked to ensure collaboration on reinvention projects under EPA Project XL and the
DOD's ENVVEST. The first FPA in the nation was developed for a regulatory reinvention
project at Vandenberg Air Force Base, CA. Agreement for this air quality initiative was reached
between the Air Force, EPA, and the Santa Barbara County Air Pollution Control District.
The region conducted two TPJ inspections at federal facilities. These inspections clearly raised
the visibility of TRI with federal facilities. In general, Region 9 found that most federal facilities
are aware of the law and have made efforts to comply. The region also learned how federal
facilities work in general and the areas where EPCRA is most likely to apply.
Region 10
The EMR conducted by EPA at Fairchild Air Force Base was successful in many ways,
including: providing training on how to perform EMRs to the regional staff; developing a good
trusting relationship between the base and EPA; and creating an interest among other bases in the
EMR process. One positive change by the Fairchild Air Force Base was to use the root cause
analysis approach in their internal audits.
3.3.5 Environmental Justice
EPA has continued policy and field work to raise awareness of environmental justice issues to
address the disproportionate burden of exposure to environmental hazards borne by residents in
minority and low-income communities. This section summarizes selected accomplishments in
Headquarters and the regions.
On April 30, 1997, the six chairpersons of the National Environmental Justice Advisory Council
(NEJAC) Subcommittees met with Administrator Browner to discuss the general progress of the
national EJ program and to solicit Ms. Browner's help in dealing with other federal agencies
covered by E.O. 12898. Discussions included general strategies on how to more effectively
work with the agencies and on ideas which might be used to ensure that the Clinton
Administration reenforces its support of EJ. Rather than requesting a White House Summit on
Environmental Justice, Ms. Browner suggested that the NEJAC contact staff at the White House
and arrange for a small meeting with President Clinton.
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In FY97, EPA's Office of Regulatory Enforcement (ORE) helped to protect local communities
across the nation by assisting DOJ in preparing for the U.S. Supreme Court arguments on behalf
of citizens in the Steel Company v. Citizens For A Better Environment lawsuit. In the face of a
far-reaching challenge to a citizen's right to bring a penalty action for filing late toxic release
reports, the federal government argued that citizens are important partners in the government's
efforts at enforcing the law to deter violations of these critical requirements. ORE also added
support for a citizen's right-to-know in an EPCRA §312 enforcement initiative aimed at the food
manufacturing and processing industry, which uses large quantities of hazardous chemicals such
as anhydrous ammonia, chlorine, sulfuric acid, and nitric acid. Through the initiative, more than
165 companies corrected their failure to submit information concerning the types and quantities
of hazardous chemicals stored at their facilities, which will allow state and local emergency
response agencies to respond more effectively in case of an accidental release into the
community.
Initiatives such as this serve to further the goals of environmental justice in all communities
throughout the nation.
Region 2
Region 2 has progressed in the effort to incorporate EJ into routine activities. In selecting
CBEPs, the region focused on disproportionate environmental burdens on low-income
minority communities. In FY97, a draft interim policy was developed to help identify
potential EJ areas and implement E.O. 12898. Also, all enforcement personnel received
training which included an overview of the EJ movement, regional commitments, and
program goals for incorporating EJ initiatives into daily activities.
Region 4
On October 3, 1996, EPA announced its decision to relocate 358 families away from a
toxic waste site the residents had dubbed "Mount Dioxin" that has been leaching dioxin,
lead, and other contaminants into the yards of a mostly black neighborhood in Pensacola,
FL. The waste site is piled nearly 60 feet high with contaminated soil and covers an area
of about four football fields. The community group, Citizens Against Toxic Exposure
(GATE), convinced EPA to relocate all 358 families, rather than just those 66 households
most affected by the site, the abandoned Escambia Wood Treating plant. The relocation
will cost an estimated $18 to $25 million, which has become more cost effective since the
site will subsequently be redeveloped for light industrial activity and rezoned non-
residential. The relocation process will be supervised by the U.S. Army Corps of
Engineers. Once the planning has been completed, the actual relocation will take
between two and four years to accomplish.
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Region 7
Region 7's EJ coordinator organized a presentation by a University of Missouri professor
on demographics in Region 7. This presentation introduced Region 7 to diversity and
community-based concepts and to the special needs of minority populations in the region.
The region plans to continue to call upon this type of academic expertise to help focus EJ
and CBEP efforts to address the needs of less advantaged populations. Region 7 has
developed some pilot demographic maps of the Kansas City metropolitan area
highlighting potential EJ communities.
Region 7 hosted its first EJ recognition day in September, allowing for interaction
between Region 7 staff and representatives of EJ and community groups. The meeting
recognized the efforts of the regional EJ members, summarized Region 7 EJ successes,
and introduced the Region 7 EJ Implementation Strategy. Two local EJ grantees
participated in the meeting and briefed Region 7 managers and staff on their community
activities.
Region 8
Region 8's EJ accomplishments included much activity in the public involvement area.
The region met with external groups to discuss the impact of community involvement in
environmental decision making.
The National Environmental Justice Workshop: The Mile High Summit was held in
Denver, CO, in June 1997. The workshop was highly attended by regional and
headquarters EJ coordinators and managers. Plenary session topics included recent EJ
legal decisions/studies, Title VI issues, identifying EJ communities and policy
implications, strategic planning and Office of Environmental Justice (OEJ) activities, and
state/EPA interface on EJ. Several breakout sessions were held which included topics
such as training on EJ (internal audiences, tribal issues, EJ grants, rural issues,
Geographical Information Systems [GIS] and National Environmental Policy Act
[NEPA]/EJ).
Also, the region began building an innovative training course for regional employees and
state employees and conducted an extensive outreach effort with state environmental
programs. Presentations were held for a number of state environmental directors to
discuss the basic tenets of EJ and present GIS maps.
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3.3.6 Tribal
EPA continued to work actively with tribal organizations and entities to ensure that compliance
and enforcement of laws and regulations are pursued within tribal lands and communities.
Region 2
• In FY97, the Region 2 UIC program witnessed twelve mechanical integrity tests (MITs)
at Class IIR wells on Seneca Nation lands (New York). All wells passed the MIT. Also,
a training session was conducted on UST requirements. This training was funded by the
region, coordinated by the Seneca Nation, and open to all Indian nations in the region.
The training included design, installation, closure, and release detection of USTs.
• The Massena area in upstate New York is populated by approximately 30,000 people,
some of whom are residents of the federally recognized St. Regis Mohawk Akwesasne
reservation. This area is also home to several large industrial sources consisting of
electrical power stations, primary and secondary non-ferrous metals production, and a
sewage treatment facility in addition to a number of gas stations, automobile
service/repair shops, and dry cleaners. Three Superfund sites (GM, Reynolds, and
ALCOA) are also located nearby. The St. Regis Mohawks have observed an increasing
amount of disease, particularly among younger age groups, which they attribute to
environmental pollution. In response, EPA and the NYSDEC have undertaken a
compliance/enforcement initiative in the Massena area to ensure that the St. Regis
Mohawks are given equal protection under our environmental laws.
Region 4
• In partnership with the Regional Indian Program Coordinator, Region 4 conducted a
Tribal Conference with water division staff for the six tribes in the region. Compliance
status and regulatory updates were presented to the tribes along with the goals and
guiding principles for the remainder of the Fiscal Year. The program also conducted on-
site workshops regarding current and upcoming SDWA regulations.
• Region 4 provided assistance to two tribes in the early stages of establishing wellhead
protection programs (WHPPs). The region conducted outreach efforts for all of the tribes
with public water systems served by groundwater sources and entered into a partnership
with the Southeastern Area Office of the Indian Health Service (IHS) to assist with
establishment of a WHPP for the tribes.
• During FY97, Region 4 conducted six on-site inspections of tribal public water systems.
Four tribal water systems were in significant noncompliance with the lead and copper
regulations. As a part of the program's tribal compliance initiative, Region 4 issued
bilateral compliance agreements and the four systems returned to compliance.
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Region 5
Region 5 implements the National Primary Drinking Water Regulations at 146 active
public water supply systems on Indian lands, including 87 community, 43 nontransient
noncommunity, and 16 transient non-community water systems. A total of 897
compliance assistance activities was completed during FY97. Ninety-four compliance
activities were completed for lead and copper, 266 for the TCR, and 55 for nitrate. As a
result of this assistance, 91.5 percent of the systems required to monitor were in
compliance for lead and copper, 84.9 percent for the TCR, and 97.9 percent for nitrate
monitoring. The compliance assistance tools used included 469 phone calls, 265 notices
sent to systems reminding them to sample, 53 notices of noncompliance/public notice
requests, 41 sanitary surveys, and 69 miscellaneous activities. Seven workshops were
held for tribal operators with an average of 15 people per workshop. Four newsletters
were published and distributed to about 174 customers.
Region 7
On April 16-17, 1997, the Native American Water Association (NAWA), IHS, and
Region 7 sponsored the Tribal Water Utilities and Safe Drinking Water Act Workshop for
tribal councils, water boards, utility managers, and water operators. Annual compliance
awards were given to water systems that have met the monitoring and reporting
requirements and MCLs for total coliform bacteria, phases II/V chemicals, and lead and
copper. Region 7 staff answered questions on the SDWA amendments.
In July 1997, Region 7 held a well plugging demonstration on tribal lands for tribes,
BOR, BIA, IHS, Farm Bureau, NRCS, and well plugging authorities from Missouri and
Nebraska. Twelve well sites on the Kickapoo reservation, including four that have
already been plugged, were visited. Of the remaining eight sites, most are being
considered for possible future use. At least three wells appear to be good candidates for
plugging.
Region 8
Region 8 conducted 668 inspections on Indian land in FY97. This represents an increase
of 168 inspections. The UIC and UST programs expanded their inspection work in
FY97, accounting for most of the increase.
Marty Indian School is located on the Yankton Sioux Reservation in South Dakota. In
1995, oil spills occurred at the school. Although Region 8 conducted removal activities,
contamination existed at the school even after the removal work. A CBEP activity was
beginning to address these concerns in FY96. There was information that a number of
CWA, OP A, and RCRA compliance concerns existed at the school. The region
performed a multimedia inspection at Marty Indian School in October 1996. The team
also did compliance work at a tribal gaming facility near Wagner, SD.
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As a result of the compliance inspections and other concerns related to ash disposal from
the boiler heating unit, particularly at an escarpment adjacent to Mosquito Creek, a
tributary to the Missouri River, EPA undertook a major environmental assessment at the
site.
Results from this investigation are still not final, but draft reports have been prepared and
shared with the tribe, the community group, the IHS, and the BIA. The findings indicate
that the ash contains high levels of lead (up to 5.9 percent) and low levels of chlorinated
furans, which are potentially toxic and carcinogenic substances. Chlorinated materials
were found in a holding tank containing septic materials. Soil samples contained high
levels of lead and tetrachloroethylene as well as petroleum hydrocarbons.
Results from the investigation are being implemented. Boiler maintenance workers are
cognizant of the toxic nature of the ash. The BIA is discussing installing better boilers in
the school, and safety equipment was made available to maintenance staff when handling
the ash. EPA will suggest ideas for the tribe to consider regarding contaminated soil
from the storage tank facility, removing the ash, and other safety and environmental
concerns. A meeting with the community group will be held in the winter of 1998 to
discuss the final report and next steps.
Region 8 provided multimedia training to the Turtle Mountain Band of Chippewas in
North Dakota. The tribe received training on TSCA (PCBs mostly), NPDES, and RCRA
requirements. About 20 tribal people attended this training. Training was also given on
Emergency Planning Awareness and Introduction to Operations. Members from
Environment Canada and Canada's First Nations (tribes) involved with emergency
planning attended the session, as did Turtle Mountain tribal representatives.
Region 8 hosted a regional operations committee (ROC) meeting on February 13, 1997.
The ROC represents the 27 regional tribes on environmental issues. The thrust of the
meeting focused on enforcement issues relative to tribes. About 60 tribal representatives
attended this meeting in which they posed questions regarding EPA's inspection,
compliance, and enforcement programs. Tribal representatives also raised specific
concerns related to environmental issues on their reservations. EPA responded to or
addressed these questions and provided the ROC with written information.
Region 9
Eleven new tribal air grants were awarded during FY97, bringing the number of Region 9
tribes with air grants to 13. The region also awarded air grants to the National Tribal
Environmental Council to facilitate tribal participation in the Western Regional Air
Partnership; to Northern Arizona University to facilitate tribal participation in the
Western Governors' Association Air Quality Initiative; and to the Intertribal Council of
Arizona to develop air quality educational materials for tribal community members.
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Region 9 conducted a basic hazardous waste generator compliance assistance workshop
in Mesa, AZ, specifically designed for Indian lands. This workshop was attended by
members of five Arizona tribes. Since the workshop, the region has received requests
from other tribes for similar training.
Through a cooperative agreement, the Navajo Nation Environmental Protection Agency
(NNEPA) continues to conduct asbestos compliance monitoring inspections at all
regulated schools within the Navajo Nation and to provide compliance and technical
assistance. NNEPA also continues case development training. EPA is following up on
Notices of Noncompliance (NONs) issued to several schools inspected by NNEPA. Most
of the NONs were issued to BIA schools.
Region 9 provided assistance to the IHS and the following tribes: CRIT, Fallen, Campo,
Salt River, Gila River, Ak-Chin, Navajo, and Hopi. Considerable emphasis was placed
on working with the Navajo Nation and the Hopi on aboveground storage tank (AST) and
oil spill issues, resulting in 15 joint inspections on a wide range of facilities and one site
assessment. Training for Navajo and Hopi and BIA inspectors was also provided. SPCC
and OPA compliance data from the facilities were reviewed and assessments of each
facility were prepared for enforcement determinations. Three of these inspections were
conducted with the Navajo Nation AST program at the Mobil McElmo Creek &
Ratherford Units and the Texaco Aneth Unit facilities in cooperation with Region 9
Water Division (due to the issuance of CWA AOs at these facilities). The findings of
these inspections support DOJ referrals for the Mobil and Texaco Aneth oil production
field cases mentioned above.
In FY97, twelve inspections were conducted on lands of seven tribes. The inspection of
the BIA (Dpi) on Hoopa land resulted in an administrative complaint. The inspection of
Allen Moore Diversified on Gila tribal land led to both an administrative case and a
criminal indictment. Also, a hazardous waste generator compliance assistance workshop
was conducted specifically for tribes in Mesa, AZ. Members of five Arizona tribes were
in attendance and requests have been made to EPA by other tribes for similar training.
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3.4 Media-specific Programs
As demonstrated throughout this document, EPA has developed several different initiatives
focusing on very specific segments of environmental protection (e.g., CBEP, 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 enforcement and compliance assistance highlights and
accomplishments in each of the media-specific programs. The following sections present
information on these media-specific programs:
• Air
• Water (drinking water, NPDES program, and wetlands)
• Toxics, Pesticides, and EPCRA
• RCRA
• CERCLA.
3.4.1 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 by ensuring
compliance with the CAA and its implementing regulations. In FY97, priority was placed on
obtaining compliance by permitted sources in non-attainment areas, especially for air toxics.
Headquarters and the regions conducted inspections, initiated enforcement actions, and provided
compliance assistance under many specific programs, including:
• MACT/Reasonably Available Control Technology (RACT)
• NSPS and new source reviews
• HONs.
All totaled, the regions conducted 2,948 inspections under the CAA; initiated, referred, or settled
608 enforcement actions; and conducted 2,303 compliance assistance activities that reached more
than 18,000 entities.
Availability of Emissions Data For CAA Enforcement: OECA and the Office of Air Quality
Programs and Standards completed a draft of the Compliance Assurance Monitoring (CAM)
rule. The CAM rule will require major sources of pollution to install better monitoring systems
(i.e., direct emissions monitors or monitors of key parameters that control emissions). OECA
ensures that data developed under the CAM rule would be fully available to enforcement
agencies and the public for detecting and prosecuting emissions violations.
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Cleaner Fuels Initiative: In FY97, the Mobile Source enforcement program continued its
extensive efforts to enforce requirements for motor vehicle fuels. Those requirements, which
include reformulated gasoline, fuel volatility, and the limitation on sulfur in automotive diesel
fuel, are intended to reduce the amount of harmful pollutants, such as CO, PM, and
ozone-forming gases, discharged from motor cars and trucks. EPA estimates that together these
requirements will reduce PM emissions from cars and trucks by 25 percent and VOCs by 15
percent. EPA conducted over 2,000 inspections of gasoline terminals, retail gasoline stations,
and commercial fleets to determine compliance with the various motor vehicle fuel requirements.
As a result of these inspections and other compliance monitoring activities, the program issued
87 NO Vs. The program also settled 56 enforcement actions for over half a million dollars in
civil penalties. Three significant cases include: a $128,000 settlement with Amoco Corporation
for producing 4.4 million gallons of gasoline at one of its refineries that did not meet the quality
requirements for reformulated gasoline; a $65,398 settlement with Murphy Oil, USA, for
producing and selling 5.3 million gallons of gasoline at one of its refineries that exceeded the
maximum allowable volatility limit; and a $48,600 settlement with E-Z Serve for delivering
gasoline to retail stations on 18 separate occasions that exceeded the maximum allowable
volatility limit.
Urban Bus Fleet Initiatives: Particulate matter (PM) is a major health problem in urban areas
that can cause lung disease and other health problems. The CAA requires public bus fleets in
major urban areas to install pollution control equipment on rebuilt engines to reduce fine
particulate emissions.
In FY97, the mobile sources enforcement program began an enforcement initiative to ensure that
public bus fleets installed proper pollution control equipment. Ten investigations were
conducted at bus facilities in major urban areas, including Washington, DC, Denver, Los
Angeles, Chicago, Houston, Phoenix, and New York. These investigations led to the issuance of
seven NO Vs. As a result of these investigations and actions, EPA has observed a substantial
increase in awareness and compliance with the urban bus retrofit requirements by bus fleets
throughout the country.
At a national level, EPA operates the Applicability Determination Index (ADI), which is a
database that contains memoranda issued by EPA on applicability and compliance issues
associated with the CAA regulations. EPA created an ADI website to provide easy access to this
information which is valuable to regulatory agency officials and environmental management
professionals. The website provides access to over 1,500 determinations that explain how
particular regulations are to be interpreted, and how they apply to specific facilities and to
industry as a whole. Regular updates to the database ensure that users will always have access to
the most current information. The ADI can be accessed on the Internet via
http://es.epa.gov/oeca/metd/index.html/.
In a joint effort, Regions 3, 4, 5, and headquarters are working on an initiative directed to
unpermitted modifications of major power plants that may have resulted in increased NOx levels
which are of significant concern to Region 3 given its ozone problem. In a cooperative effort, the
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regions and headquarters have begun an in-depth investigation of 26 facilities. Seven of these
facilities are located in West Virginia and Pennsylvania. Independent information on
construction projects has been gathered from many sources including public utility commissions,
DOE databases, construction reports, and EPA databases.
Some of the specific regional accomplishments are presented below:
• Region 1's Air Unit conducted 28 inspections in FY97. Twenty-five notifications of
noncompliance were issued. Approximately one-third of the violations were attributed to
equipment deficiencies. Due to this high rate of noncompliance, in FY98 EPA will
coordinate with the Northeast States Committee for Air Unit Management (NESCAUM)
to develop an enforcement initiative. This is aimed at promoting consistency in
addressing stage II violations and addressing the chronic failure to maintain equipment
which has significant emissions of both ozone precursors and air toxics.
• Region 2 conducted comprehensive audits of the identification and resolution of
significant air violations by New York State and New Jersey. In response to the region's
findings, the NYSDEC completed a similar audit of the entire state air program,
identifying approximately 300 violations, of which 50 were significant violations.
The region also developed and delivered a comprehensive air training curriculum and
transition program to transfer responsibilities for the air compliance and enforcement
program to the region's new Caribbean Environmental Protection Division. This transfer
will enable EPA to increase the compliance monitoring frequency for Caribbean facilities
and decrease the tune and cost of bringing violating sources into compliance, ultimately
reducing pollution levels. ,
• Region 3 worked with headquarters on a compliance video for CAA §608 and mailed an
industry specific "how-to" compliance assistance guidance document to all commercial
ice manufacturers in the region (approximately 30).
• Region 5's FY97 ozone non-attainment area activities included compliance monitoring,
enforcement, and securing additional emission reductions through SEPs. Thirteen
finalized consent decrees and CACOs resulted in a 4,000 tons per year NOX emission
reduction and a VOC emission reduction of 292 tons per year. SEPs achieved additional
VOC and NOX reductions of 143 tons per year and 37 tons per year, respectively.
• In Region 8, one citizen received an award under the Citizen Award program. As part of
the award, which was $5,500 for providing information leading to a significant settlement
of a NESHAP asbestos case, a press release was issued to inform the public and regulated
community of the existence of the Citizen Award Program and that it is being used in the
region and across the country.
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• Region 9 established a Source Test Quick Response Team to address Chrome NESHAP
compliance problems. The team developed a protocol to regulate chromium emissions
from electroplating and anodizing shops in California. The result is a more efficient
means to review source tests and to ensure compliance with the Chrome NESHAP.
• Region 9 was involved in CFC Smuggling Workshops presented to agents from U.S.
Customs, the Federal Bureau of Investigations (FBI), and EPA CID. The workshops and
subsequent training video and manual inform participants about CFC smuggling and
methods to prevent the crime. The Stratospheric Ozone Team also began efforts for a
project to implement the Stratospheric Ozone Program, including the CFC smuggling and
refrigerant recycling programs in Guam.
• Region 9's Stratospheric Ozone Team has made it a priority to inform the public about
stratospheric ozone depletion and the harmful effects of exposure to the ultraviolet (UV)
light from the sun. Public information efforts included projects such as the UV
Index-Major League Baseball Project, in which three major league baseball teams agreed
to post Scoreboard messages about the UV Index and recommended precautions provided
by EPA.
• Region 9 Air program performed 137 inspections and took several enforcement actions.
These actions included several ground breaking efforts: the first actions issued under the
Non-Essential Products Ban for illegal use of ozone depleting substances in production of
foam products; the first actions under the Significant New Alternatives Policy for illegal
use of a refrigerant substitute; and the revocation of several refrigerant reclaimer
certifications through a Federal Register Notice.
3.4.2 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 stream was
enacted long before EPA existed. 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.
Priority was placed on the TCR under SDWA, sensitive wetland ecosystem protection, and wet
weather flow problems which might cause the release of contaminated storm water. The
following sections detail some of the activities accomplished in FY97 in both of these programs.
In addition, EPA's water program also has responsibility for enforcing against entities who
engage in 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 CWA to ensure such activities do not
occur, and if they do occur, that they are addressed and mitigated. Section 3.4.2.3 discusses
EPA's activities in FY97 related to protecting wetlands.
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3.4.2.1 Drinking Water
EPA's drinking water program is responsible for establishing mandatory and comprehensive
national drinking water quality standards. The goal of these standards is to ensure 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
state implement and enforce the requirements.
In FY97, 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.
In FY97, three pilot projects were completed with grant money provided by OECA and the
Office of Groundwater and Drinking Water, which assisted small and very small public water
systems to improve their compliance with SDWA. These projects were implemented by:
Colorado Department of Health and the Environment; Iowa Department of Natural Resources;
and the Alaska Water and Wastewater Management Association.
Two of the projects, Colorado and Iowa, focused on the Total Coliform Rule (TCR). The TCR
was selected because of its importance in detecting the presence of potential microbiological
contamination to drinking water. Both projects matched public water systems with excellent
compliance rates with small and very small public water systems with poor compliance rates. In
addition, Iowa used Iowa Rural Water Association (IRWA) circuit riders as mentors. The
mentors provide assistance through site visits and phone calls to identify problems and remind
operators to take samples, to assist with sampling and analysis, and to provide training.
Approximately 60 percent of the non-compliant systems in the Colorado pilot came into
compliance. In Iowa, 280 systems received technical assistance, and 89 percent of the systems
who received assistance were in compliance for the subsequent monitoring period.
Due to the different needs of Native American villages in Alaska, the Alaska project focused on a
variety of more site-specific technical assistance needs. Systems in noncompliance were
matched with mentors who were in compliance, had more expertise in water treatment, and were
located in the same geographical area. Four remote village operators participated. Mentors
visited the villages to become familiar with their systems. Some of the mentorees went to the
mentors' communities to observe and participate in the operation of the larger, more complex
systems. Strong mentor/mentoree relationships were established and efforts to correct specific
problems through one-on-one training were successful. Another mentor provided instruction on
how to optimize filter performance and how to conduct proper TCR sampling.
In addition, headquarters and the regions continued their compliance monitoring, enforcement,
and compliance assistance activities under SDWA. Specifically, the Agency:
• Conducted 5,490 inspections
• Initiated, referred, or concluded 564 enforcement actions
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• Conducted 3,188 compliance assistance activities, reaching more than 1,742 entities.
These activities focused on the TCR, lead and copper rule, UIC, nitrates/nitrites, and Class V
wells.
The following are examples of some of the specific activities conducted by the regions:
• Region 3 worked with the states to identify those groups of systems that had not started
initial lead and copper monitoring. This led to multiple enforcement actions in each state.
Nearly all of the systems have since started monitoring and the states have viewed the
region's intervention as beneficial to moving cases toward compliance.
• Region 5, in coordination with the USDA, has initiated a project to study the impacts of
agricultural drainage wells within the Illinois River Basin. Contacts are being made at
the county level to identify landowners willing to participate in a program of monitoring
current discharges and testing possible alternative techniques, such as best management
practices (BMPs), to help identify better ways of protecting groundwater. The Illinois
River flows through 19 counties with a combined population of over 700,000 people.
• Efforts to address the problems in Region 6 at the colonias continued in FY97. Several
activities were undertaken during the year. A complaint and consent decree was filed
against the developers to settle the Cuna del Valle colonia case. Several trips were taken
to the colonias to identify more colonias that might be potential enforcement candidates.
A draft report was submitted and is being reviewed by EPA. Six colonia developers were
identified as owning colonias with similar conditions as the Cuna del Valle colonia.
Letters were drafted requesting that the developers call EPA to discuss the situation in an
effort to come to an agreement that might be beneficial to the colonia residents.
• Region 7, the Nebraska Department of Environmental Quality and the Kansas
Department of Health and Environment implemented a voluntary program to identify
contamination of groundwater near commercial grain elevators. The goal is to identify
the contamination before it reaches nearby public wells. A brochure which describes the
contamination problem due to carbon tetrachloride and provides a brief description of the
voluntary program was mailed by the Kansas Grain and Feed Association (KGFA) to
more than 500 members.
• The Region 8 Class V team planned and began implementing initiatives in Montana,
South Dakota, and Colorado to target communities for the purpose of locating and
inventorying facilities with Class V injection wells on site, and assist the regulated
community in coming into compliance with UIC Class V program requirements. Each
initiative involved the following steps:
- aquifer vulnerability assessment to locate in each state the aquifers most vulnerable to
contamination from Class V wells
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selection of target community(ies) for each state based on aquifer vulnerability
- meetings with state and local officials in target communities to explain the Class V
program and how it will be implemented during the course of each initiative
- identification of possible facilities that might have Class V wells located on site
- mailing of inventory questionnaires to collect information from each identified
facility owner/operator to determine whether a Class V well is located on site
follow-up activities from inventory responses, which include a second mailing to non-
responses, inspections to verify responses, and sending a permit or close letter to
facilities with Class V wells.
3.4.2.2 Industrial or Municipal Discharges to Surface Waters
Through the CWA, and specifically the 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. In FY97, the Agency:
• Conducted 3,368 inspections (majors, minors, and §311)
• Initiated, referred, or concluded 1,482 enforcement actions
• Conducted 4,727 compliance assistance activities, reaching more than 12,800 entities.
The following illustrates some of the specific accomplishments within the NPDES program in
FY97:
• Region 1 's Water Program has used the §308 authority for a variety of enforcement
activities, not purely for information gathering purposes. Some noncompliance situations
demonstrating a potential environmental risk may require swift and efficient enforcement
mechanisms. The §308 authority has enabled the region to be efficient and streamlined
for very specific enforcement needs in achieving timely compliance. For example, the
ten §3 08s issued for sludge violations ordered the facility to remove the illegal storage of
municipal sludge. Similarly, 14 of the 17 SPCC §308 letters ordered facilities to submit
schedules to return to compliance.
• Region 1 's Center for Environmental Industry and Technology (CEIT), in conjunction
with the U.S. NRCS, hosted storm water technologies trade shows in Ipswich and
Plymouth, MA, which were attended by more than 300 people. The trade shows featured
company presentations, as well as state-specific information on Massachusetts storm
water regulations and policy guidelines. The objective was to provide the latest
information on available and affordable technologies to local planners, engineers, and
town officials.
• Region 4's Collection Systems Workgroup developed an Enforcement Response Guide
(ERG), which provides guidance on how the region will respond to SSO-related
unpermitted discharges and permit violations. It also completed the development of
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screening criteria to aid in identification and prioritization of problem collection systems.
The screening criteria were applied to all major facilities in Georgia.
• Region 5 implemented a CSO inspection program and developed a CSO inspection
checklist, which was shared with states and headquarters. The inspection checklist has
been adopted by several Region 5 states and will be utilized to conduct inspections in
FY98. Compliance assistance was an integral part of the CSO inspections.
• Region 6 conducted 206 inspections in F Y97 to determine if facilities were compliant
with the storm water regulations. Region 6 also provided assistance through an estimated
600 telephone conversations with individual facilities, consultants, state agencies, and
concerned citizens. The region provided additional technical assistance to 600 publicly
owned treatment works (POTWs) with design flows of one million gallons per day
(MGD) or greater through distribution of reporting forms to facilitate annual submittals.
3.4.2.3 Wetlands
EPA has been heavily involved with several regulations regarding wetlands, including the Corps
of Engineers' nationwide permits and a USDA regulation implementing the 1996 Farm Bill. The
revisions to the nationwide permits were published, as were the USDA regulations. At the
regional level, several regions have been developing and implementing wetlands strategies with
ambitious goals and objectives. In FY97, the regions conducted 529 wetland-specific
inspections. The following are examples of other wetland-related initiatives:
• In F Y97, Region 1 continued previous efforts to focus on wetlands enforcement,
particularly in the South Coastal, MA, area. Nine multimedia inspections were
completed and three enforcement actions were issued.
• In Region 4, a grant was issued to the North Carolina Department of Environment,
Health, and Natural Resources for $214,360, a portion of which is targeted for state
compliance inspections and enforcement. Specific enforcement activities to be
undertaken by the state are: defining §404/401 inspection/enforcement sites; determining
appropriate legal avenues for enforcement and coordinating with legal staff; developing
compliance/enforcement policy for the state; writing an enforcement "shell;" and taking
enforcement actions, when necessary.
• Region 5 initiated 34 new enforcement actions seeking the removal of dredged and fill
materials and the restoration of 1,072 acres of wetlands and critical habitat.
Region 5 also completed 17 enforcement cases, which resulted in the environmental
restoration of 137 acres of wetland and other critical habitat. A majority of the concluded
enforcement cases (12 of 17) are located within the Upper Mississippi River Basin.
These cases address a total of 35 acres of environmental restoration of wetlands and other
critical habitat. In addition, a total of five compliance assistance actions was completed
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with commitments to obtain §404 permits for potentially 218 acres of wetland throughout
Region 5.
3.4.3 Toxics
In FY97, EPA placed priority on enforcement and assistance to further compliance with an
expanded chemical reporting list under EPCRA §313, and emergency preparation and
community notification requirements under EPCRA §§302-312. The following sections provide
the FY97 accomplishments for activities under the three statutes that comprise EPA's toxic
substances program.
3.4.3.1 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. In FY97, the Agency:
• Conducted 911 inspections (473 under §313; 438 non-§313)
• Initiated, referred, or concluded 680 enforcement actions
• Conducted 6,749 compliance assistance activities, reaching more than 16,800 entities.
At the national level, the ORE Toxics and Pesticides Enforcement Division completed an
EPCRA §312 industry-wide sector compliance incentives initiative. Section 312 benefits the
public by requiring the annual submission of data about hazardous chemicals stored onsite to
state and local government emergency responders who use the information to plan for and react
to chemical accidents or releases. The new initiative increased the data that state and local
emergency responders receive from food manufacturers and processors. One hundred sixty-eight
companies submitted hazardous chemical data, thus taking advantage of EPA's time-limited
offer to reduce penalties for EPCRA violations in exchange for such information. Facilities that
initially failed to provide the information were given a second, time-limited opportunity to come
into compliance while paying a greatly reduced penalty of $2,000. Incentives such as these are
crucial to local communities in developing and implementing emergency response plans and
increasing community awareness of imminent chemical hazards.
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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:
• As part of a national goal to ensure that facilities are reporting on a timely basis and that
release information is reasonable, Region 2 implemented compliance inspections with
special emphasis on data quality. Region 2 conducted 85 inspections (including 18 data
quality and two federal facilities inspections).
In accordance with priorities to advocate the use of the TRI data, Region 2 provided
information to more than 2,000 public stakeholders on how to access TRI data and their
rights to obtain information. In addition, Region 2's program invited more than 1,600
facilities to attend ten compliance assistance seminars and a three-day EPCRA "train the
trainer" session in New York City. The compliance assistance seminars were coordinated
with state representatives in the pollution prevention programs, as well as with the
stateTRI programs. Presentations of other federal regulations that might affect the TRI
reporters were also coordinated.
Region 2 SEPs resulted in the
reduction of over 300,000 pounds in
emissions to the environment and
provided needed chemical fire
response equipment to the local
emergency response committee in
Rockland County, NY.
Region 3 mailed 743 compliance
assistance letters and responded to
numerous phone calls from facilities.
Also, 355 sector agreement packets
were mailed to facilities. As a result
of the sector agreement mailing, 12
facilities signed sector agreements.
The program also held nine
workshops on EPCRA §313 to ensure
the regulated community is familiar
with TRI reporting procedures and is
prepared to complete form reports.
The program also responded to about
300 phone requests for information
generated by publicizing a Region 3
TRI contact.
EPCRA Seminar Evaluations
A review of Region 2's voluntary seminar
evaluation questionnaire, used during outreach
activities, indicated:
• 10 percent of the participants discovered they
no longer need to report to TRI,
• 15 percent indicated they found out about
new TRI chemicals for which they will need to
report
• 19 percent indicated they learned about
newly regulated chemicals.
The response also showed that 53 percent of the
participants report for 1-5 TRI chemicals, 20
percent report for 5-10 chemicals and 15 percent
report for more than 10 chemicals.
In addition, more than 55 percent indicated they
would consider reviewing the reporting process at
the facility and 70 percent indicated they learned
of the latest regulatory changes affecting their
facility. Finally, 87 percent indicated they would
consider attending the seminar if offered again
next year.
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Region 4 had a total of 32 SEPs negotiated with respondents under the §312 initiative.
Most of these settlements resulted in the purchase and donation of emergency response
equipment for local fire departments.
In FY97, Region 4 continued to provide compliance assistance activities largely through
CAMEO training and software distribution at the state and local government level. There
were 23 CAMEO training sessions conducted for 438 attendees.
Region 5 mailed 3,947 "screening" compliance packages. From the packages, the region
determined 451 facilities were in compliance; 1,798 facilities were not required to report;
and 335 packages were undeliverable. The region also mailed 1,363 "show cause
letters." From these letters, 49 facilities signed sector agreement for reduced penalties to
come into compliance; 614 facilities were not required to report; 72 facilities were in
compliance; and there were 155 undeliverable packages. Four hundred and four facilities
did not respond.
Region 6 is continuing the pilot study consisting of the TRI data quality analysis
technique, which began by targeting xylene releases in Texas. This methodology has
uncovered several major violations without the necessity ofan initial on-site visit.
During April and May, Region 7 held TRI compliance assistance workshops for 580
members of the regulated community. The workshops were primarily for the purpose of
providing training to industry in completion of the Form R, but also covered other
reporting requirements of EPCRA and CERCLA §103. Information also was provided
on pollution prevention, risk management plans, and various enforcement policies, such
as the Agency's Policy on Voluntary Self-Policing.
Region 9's EPCRA program completed a mailing to 1,800 pesticide formulators, an
industry segment that the region had not focused on previously. The region also made a
presentation at a training workshop in Arizona and worked with University of California
San Diego to present 15 training sessions throughout the region, reaching over 400
attendees. In addition, the region responded to 382 calls for technical assistance.
A key goal of the region's TRI program in FY97 was to publicize TRI initiatives to
improve industry compliance and to inform the public of the value of TRI as a tool.
A major focus of Region 9's operating plan for the second half of FY97 was to increase
use of TRI data by other EPA programs and by the public. The region drafted an
outreach starter kit and a public brochure directed toward communities who want to use
TRI data. Region 9 awarded a grant to Communities for a Better Environment to train
other community-based organizations in the Los Angeles area on the use of TRI data.
The region conducted three TRI training sessions for other Region 9 offices. Region 9
made similar presentations for the local HUD office and for a delegation from Nigeria.
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3.4.3.2 FIFRA
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. In FY97, EPA placed priority on Worker
Protection Standards (WPS) and new chemical exposure limits. The following discussion
describes accomplishments in EPA's pesticide programs.
Specifically, in FY97, headquarters and the regions:
• Conducted 207 inspections
• Initiated, referred, or concluded 348 enforcement actions
• Conducted 2,833 compliance assistance activities, reaching more than 4,100 entities.
The Agency conducted these activities within several specific programs, including worker
protection, labeling, urban pesticide misuse, and good laboratory practices (GLPs).
Under FIFRA, the GLP standards assure the quality and integrity of data submitted under
FIFRA. For the third year in a row, OECA conducted a record number of lab inspections (127)
and audits (480) to ensure chemical companies were in compliance with the GLPs. In addition to
the inspections, OECA completed a multi-year project with the Food and Drug Administration
(FDA), the American Chemical Society, and the Society of Quality Assurance resulting in a
televised satellite compliance assistance program on GLP field studies and analytical chemistry.
Finally, OECA played a prominent role in revising the Organization for Economic Cooperation
and Development (OECD)' s Principles of Good Laboratory Practices.
In FY97, EPA addressed an issue of growing importance under FIFRA: the increased number of
household disinfectants designed to kill bacteria, fungi, and viruses. An estimated 5,000
antimicrobial pesticides have been registered thus far with approximately 3,000 making claims of
public health protection. Also, since the beginning of 1996, approximately 150 new products
have been marketed with antibacterial claims, nearly double the number launched in 1995. To
address this growing problem, the ORE Toxics and Pesticides Enforcement Division has taken
enforcement actions over the past year against two companies that have been selling products
that make claims that they protect against infectious bacteria and germs, and the product is not
specifically registered with EPA for that purpose. Headquarters is also working closely with the
Office of Pesticide Programs to draft a Pesticide Registration Notice to clarify the treated article
exemption language to prevent other companies from making similar claims in the future on
unregistered products.
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The following are some of the highlights for FY97 from the regional FIFRA programs:
• In FY97, Region 2 issued its first civil complaint under the WPS. This complaint was for
noncompliance by a farm (Tropical Fruits, SE) in Puerto Rico, and represents the first and
only case against a farm for a use violation under the WPS.
• During FY97, Region 4 conducted numerous training courses and conferences. One of
the highlights was a conference/training course developed by Region 4 and headquarters
as part of the Urban and Residential Pesticide Control Program. This national
enforcement conference addressed the implementation of the urban program and the
response to actual incidents involving the indoor use of agricultural pesticides. The
meeting utilized mock inspections to give the participants the real-world feel for the field
activities associated with methyl parathion investigations. The training course also
included a presentation on press-related activities and communication strategies,
corporate product stewardship, health-related activities, and a database developed by the
Mississippi Department of Health.
Region 4's work on the Florida Mosquito Control White Paper was concluded during
FY97. The white paper was initiated to capture the true nature of mosquito control
efforts in Florida and identify issues and problems associated with mosquitocide
applications. A pesticide stewardship component was incorporated into the white paper
as a means of reducing any associated risks to human health or the environment.
Contributors to the white paper included regulators, researchers, and applicators from
federal, state, and local entities.
• Region 5 conducted a compliance assistance/outreach initiative by sending a flyer to all
3,500 registered pesticide producing establishments in the region. The flier stated that the
annual Pesticide Production Report had to be mailed to the company's headquarters by
March 1 to be in compliance with Section 7 of FIFRA. The region responded to
approximately 150 calls as a result of this flier. The number of pesticide establishments
who failed to comply with the March 1 deadline was lower than the previous years. The
region believes that this was largely due to the compliance assistance and follow-up
efforts. 280 notices of warning were issued to companies who failed to submit the
reports. Notices of Intent to Terminate Establishment Numbers were sent to companies
who failed to respond to the warning letters, and civil complaints were issued to those
companies that had a history of noncompliance.
• Region 5 also executed a search warrant at the residence of Ruben Brown as a part of the
urban pesticide misuse initiative. The search recovered many gallons of methyl
parathion, ledger books of Mr. Brown's customers, and several pesticide sprayers. Since
the time of the warranted search, the region has been primarily responsible for:
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- Assisting CID in the successful prosecution of Ruben Brown. (Mr. Brown plead
guilty on July 24, 1997, to two counts of using a registered pesticide in a manner
inconsistent with its labeling.)
- Creating and leading environmental sampling teams, who have sampled 859
homes.
- Contacting the people (approximately 1,000 addresses) listed in Mr. Brown's
records.
- Coordinating/facilitating the flow of information regarding the environmental
sampling.
3.4.3.3 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. In FY97, priority was placed on human health
protection with an emphasis on compliance assistance and enforcement for new and established
lead-based paint requirements. This section details the FY97 accomplishments in three areas:
1) Core TSCA, which deals with the manufacture and sale of toxic substances, 2) lead, and
3) PCBs.
The Office of Regulatory Enforcement Toxics and Pesticides Enforcement Division completed a
national one-time TSCA Compliance Audit Program (CAP) enforcement initiative to gather
reports of substantial risks from toxic chemicals. Under TSCA §8(e) CAP, EPA received more
than 11,000 previously unreported studies or reports from 89 companies on chemicals that may
present a substantial risk of injury to health or the environment. The 11,000 studies submitted
during the CAP process account for 80 percent of all submissions received throughout the §8(e)
program's history. The Agency assessed a total of $22,764,000 in civil penalties against the 89
companies which had originally failed to adequately report certain information about the
potential hazardous nature of their products. That sum represented substantially reduced
penalties as a result of this program.
• Region 2 participated with the NY Department of Health in the making of two videos--
one geared toward the regulated community and the other targeted to the public at large-
on lead requirements, hazards, and safety. The region also participated in three
professional conventions/exhibitions directly/individually contacting over 14,000
members of the lead-based paint regulated community (realtors, apartment owners,
property management firms) and delivered over 20 individual presentations (to 18 realtor
groups, two county bar associations, and the South Jersey State Lead Consortium).
Region 2 developed and implemented the nation's first pilot of the §1018 disclosure
inspections, conducting 33 site visits, resulting in 23 "inspections" (compliance
assistance visits).
• Negotiations with respondents and Region 2 in the PCB program produced SEPs that
resulted (or will result) in the following environmental gains: all authorized PCB
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transformers at two facilities were removed and disposed of, eliminating any future risk
of fire, spills, or exposure; and an oil-fired combustion burner was replaced with a
gas/oil-fired combustion burner, which is more efficient and will result in reduced sulfur
dioxide and particulate emissions.
Exposure to lead and petroleum aromatic hydrocarbons, such as those found in shot and
clay targets, respectively, is associated with a wide variety of adverse health and
environmental effects. It is estimated that there are up to 1,000 ranges with 10 million
pounds of lead in Region 2. To promote regular removal of lead shot and clay targets,
which would avoid future contamination of the site and significantly reduce potential
liability and costs, a draft manual for design and operation of ranges to collect shot for
recycling has been developed by Region 2. Much outreach to gather information for the
manual was conducted and a number of stakeholders have been a part of the region's
manual development process. The manual is intended to provide BMPs for the entire
country.
Region 3 participated in a workshop entitled "Living with TSCA" sponsored by EPA, the
Chemical Manufacturers Association, and other chemical industry associations. The
workshop featured more than 500 industry representatives.
Region 4 initiated a community education and outreach pilot project during FY97 to
address and help mitigate children's exposures to pesticides, asbestos, lead, and PCBs.
Region 5 conducted 22 PCB inspections at federal facilities, public utilities, commercial
buildings, and other industrial facilities. As a result, the region issued 17 civil complaints
under the PCB rules and closed 29 cases during the same period. Four of the closed cases
included SEPs concerning the disposal of PCBs or PCB-contaminated equipment, or an
accelerated schedule for replacement of PCB transformers.
Region 6 has reached a broad cross section of the real estate community through three
compliance seminars, 25 on-site compliance assistance visits, and mail-outs to 600
entities.
Region 7 reviewed records and documents to develop a list of "new" public and private
schools that may not have been in operation at the time the Asbestos Hazard Emergency
Response Act took effect. As a result, 197 letters were sent to schools that did not submit
asbestos management plans in 1987-88 to notify them of their responsibilities.
Region 9 conducted a'pilot project of compliance visits under §1018 disclosure
regulations. The region visited 19 real estate offices, property management firms, and
independent apartment building owners in three counties. The counties were selected
based on income, older housing stock, and minority populations.
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3.4.4 RCRA
RCRA addresses the management of solid and hazardous waste, as well as Underground Storage
Tanks (UST), that contain hazardous substances or petroleum. RCRA Subtitle C regulations
provide "cradle-to-grave" regulation and control of hazardous wastes by 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 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. In FY97,
EPA placed priority on the Universal Treatment Standards, Subpart CC, release detection
requirements for USTs and hazardous waste generators. The following illustrate some of the
RCRA-related accomplishments in FY97.
The regional RCRA programs:
• Conducted 3,586 inspections
• Initiated, referred, or concluded 644 enforcement actions
• Conducted more than 8,969 compliance assistance activities, reaching more than 35,088
entities.
On October 20, 1997, EPA issued the Guidance on the Use of Section 7003 of RCRA. This
authority provides EPA with broad and effective enforcement tools that can be used to abate
conditions that may present an imminent and substantial endangerment to human health or the
environment. The 1997 RCRA §7003 guidance addresses a variety of subjects as they relate to
the use of this authority including: case screening factors, the relationship of RCRA §7003 to
other requirements and authorities, legal requirements for initiating action, actions and restraints
that can be required, relief available, and other requirements and considerations. In addition, the
guidance discusses enforcement of unilateral administrative orders and administrative orders on
consent.
Subpart CC Compliance Assistance Project- In FY97, EPA, in partnership with the Chemical
Manufacturers Association, developed a user friendly compliance assistance tool for complying
with the RCRA Subpart CC Rule for 40 CFR Parts 264 and 265 "Organic Air Emission
Standards for Hazardous Waste Tanks, Surface Impoundments, and Containers at Hazardous
Waste Treatment Storage and Disposal Facilities and Hazardous Waste Generators." This
compliance tool is intended for personnel with environmental compliance responsibilities at both
the plant and corporate level, as well as engineers and production personnel who are responsible
for design and operation of hazardous waste units. Several workshops were conducted using this
tool.
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In addition to these national initiatives, the EPA regions conducted the following RCRA-related
activities in FY97.
• Region 1 's RCRA compliance unit conducted 78 multimedia inspections in FY97.
Hospitals, universities, and state departments of transportation were found to be in
significant violation of RCRA. In contrast, two municipal airports were in violation.
However, the municipal departments of public works, transportation/highway
departments, and fire departments inspected were generally found to be in minor
violation or not in violation. The inspections identified either minor violations or none at
all at printers, wood coaters, and adhesive manufacturers. As a result, the region referred
four RCRA actions to DOJ in FY97.
• Region 2 developed and used compliance assistance tools including a series of six air
emissions seminars (with training manuals) as part of its outreach program to inform the
regulated community of the requirements imposed by the Emissions Rule. In addition,
the region developed a specialized air emissions inspection checklist and 30 specialized
* air emissions inspections were performed at TSDFs and generators.
• The RCRA program in Region 2 inspected more than 370 generators. In addition, the
states inspected more than 1,600 facilities that generate hazardous waste. These
inspections resulted in the issuance of 19 EPA Administrative Complaints and almost 200
NO Vs. Penalties of $1,665,610 were proposed in the 19 EPA complaints and $972,925
was assessed (collected) in 19 ACOs. In addition, the region estimates that these actions
resulted or will result in more than $11 million of compliance improvements and in the
reduction or elimination of more than 60,000 pounds per year of hazardous waste releases
to the environment.
• Region 3 developed a Subpart CC Rule outreach document and mailed it to all treatment,
storage, and disposal facilities (TSDFs) and large quantity generators in the region.
• Training was conducted in March 1997 in Region 3 on a review of the Subtitle I and 40
CFR 280 of RCRA. The training covered the requirements for UST systems, release
detection requirements, corrosion protection requirements, closure requirements,
corrective action requirements, and financial responsibility requirements. The final stage
of the phase-in of requirements occurred on December 22, 1997, and Region 3 provided
this training to assist inspectors and the regulated community in meeting the new
challenges of UST program compliance.
• In Region 4, the Mississippi UST program has adopted a tank inspection target protocol
based on a tank's proximity to vulnerable aquifer systems or wellhead protection areas.
During FY97, Mississippi conducted 914 compliance inspections using the protocol as a
screening tool.
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In May 1997, Region 5's UST section conducted 219 facility compliance visits.
Petroleum marketers accounted for 49 percent of the facilities; the remaining 51 percent
were non-marketers. The intent of the visits was to determine facility compliance with
release detection. Of the 190 facilities operating UST systems, 42 percent were in
compliance with release detection requirements. Over a third of the marketers (35.6
percent) and half of the non-marketers were not in compliance with release detection
requirements.
Of the 190 facilities operating UST systems, 36 percent already met the 1998
requirements. Forty-six percent of the facilities indicated they plan to upgrade or replace
their UST systems before the 1998 deadline. Eighteen percent of the facilities planned to
close before the 1998 deadline.
In Region 6, §3007 Request for Information letters were sent to 48 targeted facilities.
Thirteen facilities were out of compliance. Warning letters were issued to four facilities
and nine APOs and CACOs were issued simultaneously to facilities requiring extensive
violation corrections. Total penalties assessed were $250,000. One of the enforcement
actions resulted in the first international SEP in the country. The SEP removed 200,000
pounds of waste from the environment and completely eliminated wastewater generation
at a Mexican manufacturing facility.
Region 6 selected the marine industry located along the lower Mississippi as a regional
specific priority. The area of consideration was chosen for community-based protection,
ecosystem protection, EJ, and large quantity generators. The facilities had not been
inspected by either the state or EPA during the last four years. A total of 46 facilities was
inspected. Fifty percent of the facilities inspected were in noncompliance with RCRA.
As result of the inspections, many of the facilities have changed their operating
procedures to eliminate the generation of hazardous waste.
Region 6 took a pro-active approach in encouraging early compliance with the 1998 UST
compliance deadline. The region developed an outreach/enforcement strategy where the
region and its states had a coordinated and focused effort to persuade the regulated
community to upgrade to the 1998 standards. The region also provided training on the
technical/regulatory UST issues and conducted 90 inspections. Of the 90 inspections
conducted, 14 facilities were in compliance.
Region 7 developed a model for a condensed RCRA inspection that allows the inspector
to focus on potentially high risk environmental areas. Region 7 RCRA inspectors use a
multi-page checklist to identify those facilities with potentially serious violations,, which
then receive a full compliance monitoring inspection. The screening inspections were
focused in the State of Nebraska at large quantity generators and small quantity
generators that had never been inspected. This new inspection tool enabled four Region 7
inspectors to conduct 133 screening inspections. Of these 133, approximately 75 percent
of the inspections were found to be waste determination violations. The inspectors and
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RCRA staff worked with these facilities to come into compliance by providing a copy of
the RCRA Guidance Handbook for Small Businesses and providing contacts to answer
questions on hazardous waste.
• Region 8 and all of its states participated in a national initiative for leak detection. The
purpose was to create public awareness of UST leak detection requirements and to
improve compliance of UST facilities. The region and states collectively performed 250
inspections during the month of May. Region 8 had referred 4 enforcement actions to
DOJ as a result of the initiative.
• Region 9, with assistance of California and Hawaii, developed and delivered compliance
seminars to small quantity generators and local regulatory agencies which have
historically had high levels of noncompliance. This outreach was targeted toward remote
areas which generally do not have the opportunity for such training.
3.4.5 CERCLA
In FY97, EPA significantly improved its Superfund program through continued administrative
reforms. The following are some accomplishments over the past year in administrative reform:
• General Policy on Superfund Ability to Pay Determinations - This policy explains what
is required for an acceptable ability to pay (ATP) settlement in Superfund cases. The
main text of the policy document addresses general issues that apply to the ATP process
and ATP settlements. The policy document also contains two appendices that address
issues specific to making ATP determinations for individuals and businesses.
• Guidance on EPA Participation in Bankruptcy Cases - The purpose of this guidance is
to identify the factors to be considered by EPA in determining whether to participate in a
bankruptcy case, including whether to pursue collection of costs or penalties against
debtors who have liability under CERCLA or other environmental statutes.
• Interim Policy on Settlement of CERCLA §106(b)(l) Penalty Claims and §107(c)(3)
Punitive Damages Claims for Noncompliance with AOs - This policy is intended to
make calculation of civil penalties and punitive damages under CERCLA for purposes of
settlement a fair and effective process for deterring noncompliance with EPA's
administrative orders. The policy contains an innovative approach toward penalty
calculation that takes into account factors particularly relevant to CERCLA cases by
incorporating both harm and equitable adjustment factors into a single "harm-
recalcitrance" matrix.
• Addendum to the "Interim CERCLA Settlement Policy" Issued on December 5,1984 -
This memorandum is an addendum to the "Interim CERCLA Settlement Policy," which
was issued by EPA and DOJ on December 5, 1984 (50 FR 5024, February 5, 1985). That
policy sets forth the general principles governing settlements with potentially responsible
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parties under CERCLA. On June 3, 1996, EPA issued an "Interim Guidance on Orphan
Share Compensation for Settlors of Remedial Design/Remedial Action (RD/RA) and
Non-Time-Critical Removals." Because that guidance document does not apply to
CERCLA cost recovery settlements in which the parties are not agreeing to perform
RD/RA work or a non-time critical removal, EPA and DOJ are issuing the addendum to
provide the regions with direction for addressing potential compromises of CERCLA cost
recovery claims due to the existence of a significant orphan share.
• Policy on Interpreting CERCLA Provisions Addressing Lenders and Involuntary
Acquisitions by Government Entities - This policy clarifies the circumstances under
which EPA intends to apply as guidance the provisions of the CERCLA Lender Liability
Rule and its preamble in interpreting CERCLA's secured creditor exemption as amended
by the Asset Conservation, Lender Liability, and Deposit Insurance Protection Act of
1996. This document also reminds its readers of the effects of the portion of the
CERCLA Lender Liability Rule and the sections of the preamble that address involuntary
acquisitions by government entities.
• Final Guidance on the Issuance ofAOs Under §§311 (c) and (e) of the CWA - This
guidance describes how to use the authorities under §§311 (c) and (e) of the CWA to
issue administrative orders for the cleanup and prevention of discharges and threatened
discharges of oil and hazardous substances into navigable waters, adjoining shorelines,
and certain other areas.
• Policy on the Issuance of Comfort/Status Letters - As part of the Agency's Brownfields
Action Agenda, OECA has developed four sample "comfort" letters and a general policy
regarding their use. The policy describes the most common situations about which
parties inquire and the type of information or comfort EPA may .provide to parties to
assist them in assessing the probability of incurring liability under CERCLA.
In addition to the administrative reform activities, the headquarters and regional Superfund
programs completed the following activities in FY97:
• ADR Training - A training in the effective use of mediation and other ADR techniques to
assist EPA enforcement actions was provided to all regional offices during FY97.
• Outreach Efforts - Members of the ADR Specialists Network made presentations and
provided consultation services on effective ADR use for numerous professional and PRP
organizations, including: the American Bar Association, the Center for Public Resources,
the Information Network for Superfund Settlements, the Society of Professionals in
Dispute Resolution, and several federal and state agencies.
• Contribution to Superfund Administrative Reform Initiatives - During FY97, members
of the ADR Specialists Network assisted Agency efforts to implement several of the
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Superfund administrative reform initiatives. This resulted in the establishment of an
ADR implementation plan in each regional office.
• Other Training - During FY97, the policy integration team was involved with more than
12 course deliveries, training more than 530 federal and state employees in the CERCLA
and RCRA corrective action enforcement programs.
The Agency also continued to focus efforts toward brownfields. The following are examples of
brownfields initiatives at the regional level:
• In FY97, Region 6's brownfields team successfully completed two targeted site
assessments for the cities of Duncanville, TX, and Malvern, AR. The city of Tulsa, OK,
was awarded a $200,000 regional site assessment pilot grant. Also, a brownfields site
assessment demonstration was conducted on three properties in the City of New Orleans,
to show that brownfields site assessments with a focus on end use are faster, cheaper, and
more efficient.
The region's Brownfields Cleanup Revolving Loan Fund was awarded to 23 of the
original 30 site assessment pilots. In Region 6, the cities of Dallas and New Orleans
each received a $300,000 grant to establish the revolving loan fund that can be used for
cleanup of brownfields property. The brownfields program was also able to provide all
of the states in Region 6 with funds for their respective voluntary cleanup programs.
• EPA awarded Wellston, MO, a $200,000 grant under EPA's Brownfields National Pilot
program. The proposed pilot project area in Region 7 includes light
manufacturing/warehouse distribution facilities and single-family housing near the
Wellston Metro Link Station. Wellston will conduct environmental assessments, develop
plans for remediation, and prepare a comprehensive redevelopment plan for a light
manufacturing technology park and residential areas.
• In Region 9, Oakland was awarded a $ 100,000 Regional Pilot grant. The funding will be
used to conduct Phase II assessments at two sites: one is within Oakland's downtown
redevelopment area and the other is in East Oakland near the Coliseum. An additional
$100,000 was added to the pilot grant that will be used to encourage the redevelopment of
the Fruitvale area's Bay Area Rapid Transit (BART) Transit Village project.
• In August 1997, Region 9 piloted a technical training and jobs placement program for the
community surrounding the East Palo Alto brownfields site. Sixteen students received
seven weeks of extensive training from DePaul University in hazardous waste handling,
lead and asbestos abatement, and UST cleanup and removal. Funding for this program
was provided by EPA to DePaul through an existing grant the university has with the
National Institute for Environmental Health Sciences. Classroom training was followed
by 90 days of paid on-the-job training with several environmental cleanup firms in the
area.
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3.5 Self Disclosure
Voluntary auditing programs play an important role in helping companies meet their obligations
to comply with environmental law. EPA's Self-Policing Self-Disclosure Policy (Audit Policy),
effective in January of 1996, encourages self-policing by reducing penalties for any violations
that are discovered, disclosed, and corrected through voluntary audits or compliance management
programs. Further, EPA will not recommend criminal prosecution of regulated entities in these
circumstances, although individuals remain liable for their own criminal conduct. The Audit
Policy includes safeguards to protect the public and the environment, excluding violations that
may result in serious harm or risk, reflect repeated noncompliance or criminal conduct, or allow a
company to realize a significant economic gain from its noncompliance.
More than 100 companies have self-disclosed violations under the Audit Policy, proving that
environmental auditing can be encouraged without blanket amnesties or audit privileges that
would excuse serious misconduct, frustrate enforcement, encourage secrecy, boost litigation,
and/or lead to public distrust.
In the biggest settlement ever reached under the Audit Policy, the Agency and GTE Corporation
came to an agreement resolving water and right-to-know 600 violations at 314 GTE facilities in 21
states. The GTE settlement demonstrates the policy's broad scope in promoting compliance at
facilities nationwide and provides a good model for national companies that want to come forward
and resolve multiple federal violations. The Audit Policy's success, however, has not been limited
to large companies. Of the 250 companies that have disclosed environmental violations at more
than 790 facilities, many are small businesses as well.
The following are examples of self-disclosures within the EPA regions:
• Region 1 -In FY97, one company with less than 100 employees submitted a voluntary
self-disclosure of violations of EPCRA §313 (failure to submit a total of eight Form Rs
over three years). The violations were discovered during a company environmental self-
audit, and the company disclosed the violations to EPA in writing within four days of
discovery of the violations. There was no economic benefit derived from the violations
and the facility submitted the forms within 60 days of discovery of the violations.
• Region 2 - Three enforcement actions resulted from voluntarily disclosed violations of
Core TSCA requirements. Since FY91, Core TSCA has taken and settled 23 voluntarily
disclosed cases. Most, if not all, of the cases were the result of self-audits done by the
company. The regulated community is aware of the provisions in the Core TSCA
Enforcement Response Policies, which have been in effect since 1989.
• Region 7 - During FY97, Region 7 concluded seven cases where entities voluntarily
came forward and self-disclosed violations of environmental regulations, in accordance
with the provisions of the Audit Policy. Violations were self-disclosed under EPCRA,
TSCA, and CAA. In each of the seven cases, the respondents have corrected the
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violations and have entered into a consent agreement with the region certifying their
satisfaction of the conditions of the Self-Policing Policy. In return, six of the entities
received 100 percent mitigation of the gravity-based penalties that normally would have
been proposed for such violations; the seventh entity received a 75 percent reduction of
the gravity-based penalty. None of the seven entities realized any economic benefit as a
result of their violations. Penalty mitigation in the seven cases ranged from $15,000 to
$139,042.
Region 8 -In FY97, Region 8 continued to actively support and defend the Agency's
policy to encourage self-disclosure of violations discovered as a result of an
environmental audit. Discussions are continuing with state officials, legislators, and
interest groups regarding the consideration of environmental audit legislation in the State
of Montana, and several speeches have been given by regional staff regarding the Audit
Policy.
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4. PERFORMANCE PARTNERSHIP AGREEMENTS/GRANTS
(PPAs/PPGs)
Neither the federal government nor the states have sufficient resources alone to address every
environmental compliance problem. The Environmental Protection Agency (EPA) and the states
each have capabilities and responsibilities unique or appropriate for their respective agencies.
Therefore, integration of federal and state enforcement and compliance assurance efforts must be
achieved to provide the most effective national environmental protection program. This year was
the first full year of implementation of the National Environmental Performance Partnership
System (NEPPS) following a pilot year in 1996. The Office of Enforcement and Compliance
Assurance (OECA) had previously worked with the regions and states to develop Core Program
Performance Measures to evaluate the performance of Performance Partnership Agreements
(PPAs). The enforcement and compliance staff in regional offices were involved in negotiating
the agreement to ensure adequate enforcement and compliance provisions.
In FY97, the first full year of NEPPS implementation, the enforcement and compliance programs
in the region offices participated in the performance partnership negotiations to ensure the
inclusion of adequate enforcement and compliance programs. In FY97, 34 PPAs and 22
Performance Partnership Grants (PPGs) were negotiated with state environmental agencies that
cover a variety of environmental programs. The regions also entered into four PPGs with state
departments of agriculture to cover FIFRA (pesticides, enforcement, and worker protection)
grants. OECA has worked with the regional offices to review draft PPAs and to provide
guidance in the form of the Memoranda of Agreement (MOA) Guidance. OECA has also
worked with its state partners to develop enforcement and compliance Accountability Measures
to be used to evaluate the performance of PPAs and PPGs. The Accountability Measures are
designed to included both outcome and output measures.
Several cases developed by the Office of Regulatory Enforcement (ORE) demonstrate the benefits
of working with state partners in assuring compliance. At the Diablo Canyon Nuclear Power
Plant, EPA and California joined efforts in developing and litigating an important water
enforcement action involving Pacific Gas & Electric's (PG&E's) failure to submit accurate and
complete information concerning the adverse impacts of its operations on the adjoining coastal
ecosystem. Recognizing the environmentally sensitive nature of this area, the state and federal
governments teamed up and obtained more than $7 million in cash penalties and more than $6
million in injunctive measures to mitigate damage that likely occurred from withdrawing small
aquatic organisms and fish through the plant's cooling water intake.
In FY97, several regions began the process of negotiating PPAs with their states. In Region 1,
for example, principal negotiation terms were developed for all six New England states--
Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. The scope of
the PPAs included the Clean Air Act (CAA), Clean Water Act (CWA), Resource Conservation
and Recovery Act (RCRA), Toxic Substances Control Act (TSCA), underground storage tank
(UST), and other programs according to individual statutes.
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The status of PPAs and PPGs in other EPA regions varies. The following attempts to highlight
the status of each region in the process:
• Region 2 has negotiated a PPA and PPG with New York for the National Pollutant
Discharge Elimination System (NPDES) and drinking water programs. The region also
had PPA and PPG with New York for underground injection control (UIC), NPDES and
drinking water programs. The region's PPG with the Virgin Islands covers all eligible
grant dollars.
• Region 3 entered into six PPGs in FY97, although only Delaware had an associated PPA.
Those PPGs combined pesticide enforcement funds with pesticide certification and
training funds.
• Region 4 had PPAs in FY97 with Florida, Georgia, Mississippi, North Carolina, and
Tennessee. It had PPGs with Georgia and Mississippi.
• Region 5 had agreements with Illinois, Minnesota, Indiana, and Ohio. The
Environmental Performance Partnership Agreement (EnPPA) served as a workplan for
Illinois, Indiana, and Minnesota. Indiana and Illinois had PPGs as part of their EnPPAs.
• Region 7 had PPAs and PPGs with the Departments of Agriculture in Iowa, Kansas, and
Nebraska. These grants were awarded under the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) and covered the Worker Protection Standard (WPS), pesticide
certification, pesticide enforcement, and the endangered species program. The state of
Nebraska had a PPG, which included administrative functions only and not programmatic
activities with the air, water, and RCRA programs. Missouri is the only other state that
had a PPG for FY97. It included the air, water, and RCRA programs.
• Each of the six states in Region 8 received a PPG. However, not every state developed a
PPA.
• In Region 9, the Arizona Department of Environmental Quality (ADEQ) is the recipient
of a PPG combining four water grants. The water divisions of Region 9 and ADEQ have
a signed agreement that lays out how the agencies will continue to improve their joint
strategic plans over the next five years. The PPG itself is an experiment to see how
effective a tool it is for streamlining paperwork.
Also in Region 9, the Hawaii Department of Health (HI DOH) is the recipient of a
multimedia PPG combining eight grants. The grant's primary purpose is to staff HI
DOH's development of a state strategic plan. The grant also funds HI DOH's role in
staffing a public advisory group's review for public acceptance of the plan.
July 1998
4-2
-------
FY1997 Enforcement and Compliance Assurance Accomplishments Report
• The FY98 PPAs represent Region 10's first year for addressing compliance/enforcement
matters in a substantive manner. During FY98, each of the media program compliance
assurance agreements is being reviewed and revised as necessary.
4.1 Measures
During FY97, OECA and the regions continued to refine and add measurement of enforcement
and compliance assurance to systematically capture information, to bring measurements forward
in accordance with the Government Performance and Results Act (GPRA), and to progress in
results measurement. There are challenges in applying these themes across programs and
organizations, including states, without making measurement activities a major resource use.
Despite this, OECA and the regions continue to make measures of success a key portion of
initiatives and regular business.
In FY97, OECA led a nationwide process which engaged stakeholders in industry,
environmental, academic, and community groups, government organizations, and the press to
develop a proposed framework for a National Performance Measures Strategy. The report
establishing the measures framework was issued on December 22, 1997, and implementation will
begin in FY98.
Reporting of accomplishments for FY97, included reporting on the results and impacts of
concluded federal enforcement actions. These data were obtained via the Case Conclusion Data
Sheets. EPA coordinated all aspects of the case conclusion data reporting process in advance of
being able to use the OECA Docket for reporting.
4-3
July 1998
-------
-------
Appendix A
Current and Historical
Enforcement Data
-------
-------
FF /997 Enforcement and Compliance Assurance Accomplishments Report
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A-l
July 1998
-------
FY1997 Enforcement and Compliance Assurance Accomplishments Report
Table A-2. Dollar Value of FY 1997 EPA Enforcement Actions (by Statute)
Statute
CAA
CERCLA
CWA
EPCRA
FIFRA
RCRA
SDWA
TSCA
Title 18/
MPRSA
Total
Type of Enforcement Action
Criminal
Penalties
Assessed
$54,077,526
$4,623,918
$94,194,123
$0
$102,174
$11,683,721
$40,000
$2,003,824
$2,557,610
$169,282,896
Civil Judicial
Penalties
Assessed
$13,792,299
$314,966
$22,142,408
$0
$66
$9,698,368
$18,500
$0
$0
$45,966,607
Administrative
Penalties
Assessed
$3,093,055
$42,239
$4,256,948
$5,183,747
$1,453,885
$8,246,082
$369,552
$26,501,272
$31,714
$49,178,494
Dollar Value
of Injunctive
Relief
$38,245,378
$778,912,089
$949,026,967
$2,435,393
$10,346,787
$50,611,488
$38,335,856
$5,405,879
$20,004,000
$1,893,323,837
Dollar Value
ofSEPs
$21,966,583
$0
$38,798,563
$7,646,285
$816,265
$13,001,323
$159,500
$3,004,053
$50,350
$85,442,922
July 1998
A-2
-------
FY1997 Enforcement and Compliance Assurance Accomplishments Report
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A-4
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
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A-6
-------
Appendix B
Significant Administrative, Judicial,
and Criminal Cases
-------
-------
FY1997 Enforcement and Compliance Assurance Accomplishments Report
TABLE OF CONTENTS
REGION 1 B-l
CERCLA ,.. B-l
Bennington Landfill Superfund Site (Vermont) B-l
Cannons Bridgewater Superfund Site (Massachusetts) B-l
Cohen Superfund Site (Massachusetts) B-l
Industri-Plex Superfund Site (Massachusetts) B-l
Landfill and Resource Recovery Superfund Site (Rhode Island) B-2
Norwood Superfund Site (Massachusetts) B-2
Parker Landfill Superfund Site (Vermont) B-2
Raymark Industries, Inc. Superfund Site (Connecticut) , B-2
Clean Air Act B-2
Cod Oil Co., Inc., and East Coast Petroleum (Massachusetts) B-2
Regency Towers (Connecticut) B-3
Clean Water Act B-3
Borough of Naugatuck (Connecticut) B-3
The Massachusetts Department of Corrections (Massachusetts) B-3
Robert Nicoloro (Maine) % ,.... B-3
Siegel's Broadway Truck Parts B-3
EPCRA B-3
Minnesota Mining and Manufacturing Company (3M) (Massachusetts) B-3
RCRA B-3
• Aluminum Finishing (Connecticut) B-3
Lake Success Business Park (Connecticut) B-4
Massachusetts Military Reservation (Massachusetts) B-4
SDWA B-4
Massachusetts Military Reservation (Massachusetts) B-4
TSCA B-4
Electric Boat Corp. (Electric Boat) and Knolls Atomic Power Laboratory, Inc. (KAPL)
(Connecticut) B-4
Ruggles-Klingman (Massachusetts) B-5
Multimedia B-5
City of Haverhill (Massachusetts) B-5
U.S. vs. Trustees of Boston University (Massachusetts) B-5
Westford Anodizing (Massachusetts) B-5
REGION 2 B-6
CERCLA • B-6
U.S. v. Air Products & Chemicals, et al. (New Jersey) B-6
U.S. v. Alcan Aluminum Corp. (New York) B-6
U.S. v. Allied Signal, et al. (New Jersey) B-6
U.S. v. American Locker Group, Inc., et al. (New York) B-6
General Electric Company, et al. (New Jersey) B-7
Metallurg, Inc., and Shieldalloy Metallurgical Corp. (New Jersey) B-7
U.S. v. Jane Doe as Executrix of the Estate of Edmund Barbera (New York) ., B-7
U.S. v. Monsanto et al. (New Jersey) B-7
Morgan Materials Superfund Site (New York) B-8
U.S. v. Peirce, et. al. (New York) B-8
U.S. v. Polymer Applications, Inc. (New York) B-8
B-i
July 1998
-------
FY1997 Enforcement and Compliance Assurance Accomplishments Report
Port Refinery Site (New York) B-9
Puerto Rico Electric Power Authority (PREPA) - Palo Seco Plant Site (Puerto Rico) B-9
SCP/Carlstadt Site (New Jersey) B-9
Warwick Landfill Site (New York) B-9
U.S. v. Wasserman (New York) B-10
Clean Air Act B-10
Guardian Industries, Inc. (Puerto Rico) B-10
U.S. v. Citgo Asphalt Refining Co. (New Jersey) B-10
U.S. v. Phillips Puerto Rico Core, Inc. (Puerto Rico) B-10
U.S. v. Puerto Rico Sun Oil Company, Inc. (Puerto Rico) B-l 1
U.S. v. San Juan Cement Co. (Puerto Rico) B-l 1
Clean Water Act B-l 1
Atlantic States Legal Foundation, State of New York v. Onondaga County (New York) B-l 1
DesarroIIadores del Cibuco, S.E. and Constructora Dos Bocas, Inc.; Easton, Inc.; Parques
Metropolitanos; and Tajaomar Development, S.E.(Puerto Rico) B-l 1
Puerto Rico Aqueduct and Sewer Authority (PRASA - Lares) (Puerto Rico) B-l 1
Puerto Rico Aqueduct and Sewer Authority (PRASA - La Paguera) (Puerto Rico) B-l2
Puerto Rico Aqueduct and Sewer Authority (PRASA - Arecibo) (Puerto Rico) B-l2
Puerto Rico Aqueduct and Sewer Authority (PRASA - Loiza); Puerto Rico Aqueduct
and Sewer Authority (PRASA - Gurabo) (Puerto Rico) B-12
U.S. v. Puerto Rico Administration of Corrections (PRAC) (Puerto Rico) B-12
U.S. v. Puerto Rico Aqueduct and Sewer Authority (PRASA) (Puerto Rico) B-12
U.S. v. Puerto Rico Aqueduct and Sewer Authority (PRASA) (Puerto Rico) B-12
U.S. v. Virgin Islands Department of Public Works (Virgin Islands) B-l3
U.S. v. Warner-Lambert (Puerto Rico) B-13
EPCRA B-13
A.T. Reynolds and Sons, Inc.; Happy Ice LLC; Long Island Ice and Fuel Corporation; Queensboro
Farm Products, Inc.; and United Food Service, Inc. (New York) B-13
American Cyanamid Company (New York) B-13
Arma Textile Printers, Inc. (New York) B-13
Astro Electroplating, Inc. (New York) '.... B-13
Austin Productions, Inc. (New York) B-14
General Electric Company (New York) B-14
FIFRA • B-14
Givaudan-Roure, Inc. (New Jersey) '. B-14
Safetec of America, Inc. (New York) B-14
Tifa, Ltd. (New Jersey) B-14
ODBA & MPRSA B-15
Port Authority of New York and New Jersey B-15
U.S. v. Bergen County Utilities Authority (New Jersey) B-15
RCRA B-15
Autoridad de Tierras de Puerto Rico (Puerto Rico) B-15
B&B Wood Treating & Processing Co., Inc. (Puerto Rico) B-15
City of New York Department of Transportation (New York) B-15
Compafiia Petrolera Caribe (Puerto Rico) B-16
Eastman Kodak Corp. (New York) B-16
Estate Mint, Inc., Ahmad Musaitif, and Estate Mountain, Inc. (Virgin Islands) B-16
Jamaica Water Supply Company and Dynamic Painting Corp. (New York) B-16
New Jersey Transit Corp. (New Jersey) B-16
Puerto Rico Aqueduct and Sewer Authority (PRASA) (Puerto Rico) B-16
San Juan Cement Company, Inc. (Puerto Rico) B-l7
Universal Metal and Ore Company, Inc. (New York) B-l7
July 1998
B-ii
-------
FF1997 Enforcement and Compliance Assurance Accomplishments Report
U.S. v. Humberto-Escabi-Trabal, Environmental Management Services and South West Fuel, Inc.
(Puerto Rico) B-17
U.S. v. Mobil Oil Corp. (New York) B-17
U.S. v. Proteccion Technica Ecologica, Inc. (Puerto Rico) B-17
SDWA' B-18
Town of Hempstead (New York) B-18
U.S. v. City of New York (New York) B-18
TSCA B-18
Edgewater Associates, Inc. (New Jersey) B-18
Glens Falls Cement Co. (New York) B-18
Kenrich Petrochemicals, Inc. (New Jersey) • B-19
Lafayette Paper (New York) B-19
New Jersey Sports and Exposition Authority and Atlantic City Convention Center Authority
(New Jersey) B-19
Puerto Rico Department of Education (Puerto Rico) B-19
Rhone Poulenc, Inc. (New Jersey) B-19
Sinochem USA, Inc. (New York) B-19
Spies Hecker, Inc. (New York) B-19
Multimedia B-19
Franklin-Burlington Plastics, Inc. (New Jersey) B-19
Rhein Chemie Corp. (New Jersey) B-20
, Tishcon, Inc. (New York) B-20
U.S. v. Puerto Rico Electric Power Authority (PREPA) (Puerto Rico) ' B-20
U.S. v. Tropical Fruit, S.E. (Puerto Rico) B-21
REGION 3 ' B-22
CERCLA B-22
Keystone Sanitation Landfill (Pennsylvania) B-22
Palmerton Property Owners (Pennsylvania) B-22
U.S. v. Chrysler, the State of Delaware, and Knotts, Inc. (Delaware) B-22
U.S. v. Fike Artel (West Virginia) B-22
U.S. v. Olin Corp. (Virginia) B-22
Clean Air Act B-22
Allegheny County Department of Aviation (Pennsylvania) B-22
Koppers Industries (Pennsylvania) B-22
U.S. v. Camden Iron and Metal (Pennsylvania) B-22
U.S. v. Consolidated Rail Corp. (Conrail) (Pennsylvania) B-23
U.S. v. Waste Resource Energy, Inc., Westinghouse Electric Corp., and York Resource Energy
Systems (Pennsylvania) B-23
Clean Water Act B-23
U.S. v. Consolidation Coal Company (Pennsylvania) B-23
U.S. v. Erie Coke Corp. (Pennsylvania) B-23
U.S. v. Presque Isle Plating (Pennsylvania) B-23
U.S. v. Smithfield Foods, Inc., Smithfield Packing, and Gwaltney of Smithfield Ltd. (Virginia) . B-23
EPCRA B-24
Forbes Steel & Wire Corp. (Delaware) B-24
Williams Metalfinishing (Pennsylvania) B-24
FIFRA B-24
National Chemical Laboratories of PA, Inc. (Pennsylvania) B-24
RCRA B-24
Colonial Metals and Columbia Reduction (Pennsylvania) B-24
Lucent Technologies, Inc. (Virginia) B-24
B-iii
July 1998
-------
FY1997 Enforcement and Compliance Assurance Accomplishments Report
SDWA B-24
Cyprus Foote Mineral Company and Walmart (Pennsylvania) B-24
State College Ford (Pennsylvania) B-24
Virginia Department of Transportation (VDOT) (Virginia) B-24
TSCA B-25
Bill Anskis Company, Inc., and the Panther Valley School District (Pennsylvania) B-25
Townsend Properties, Inc., and Halethorpe Extrusions, Inc. (Maryland) B-25
U.S. v. School District of Philadelphia (Pennsylvania) B-25
Multimedia B-25
U.S. v. Quaker State (Pennsylvania) B-25
U.S. v. Weirton Steel Corp. (West Virginia) B-25
U.S. v. Wheeling-Pittsburgh (West Virginia) B-25
REGION 4 B-26
CERCLA B-26
Aberdeen Pesticide Dumps Site (North Carolina) B-26
Agrico Chemical Co. Site (Florida) , B-26
Ashepoo Phosphate and Fertilizer Works (South Carolina) B-26
Beaunit Circular Knit & Dyeing Superfund Site (South Carolina) B-26
Bessemer Drum Site (Alabama) B-26
Chem-4 Site (Alabama) B-26
Chevron Chemical Company Site (Florida) B-27
Ciba-Geigy Corp. (Alabama) B-27
Davie Landfill Superfund Site (Florida) B-27
General Electric/Shepherd Farm (North Carolina) B-27
Harris Corp. Site (Florida) B-27
Helena Chemical Company (Florida) B-27
Hinson Superfund Site (South Carolina) B-28
Interstate Lead Company (ILCO) Site (Alabama) B-28
Lee's Lane Landfill (Kentucky) B-28
Olin Corporation (Alabama) B-28
Paramour Fertilizer Site (Georgia) B-28
Rutledge Property Superfund Site (South Carolina) B-28
Taylor Road Landfill Site (Florida) B-29
T. H. Agriculture and Nutrition Site (Georgia) B-29
Townsend Saw Chain Company Site (South Carolina) • B-29
Clean Air Act B-29
E.I. Du Pont de Nemours and Company (Kentucky) B-29
NHP Management Company (Florida) B-30
Powell Duffryn Terminals (Georgia) B-30
Clean Water Act B-30
Anderson Columbia, Inc. (Florida) B-30
Crook Creek Farms, Inc., City of Destin, and the Niceville, Valparaiso, Okaloosa County Regional
Sewer Board, Inc. (Florida) B-30
Wagner Creek Watershed (Florida) B-30
EPCRA B-30
State Industries (Tennessee) B-30
RCRA B-31
Eagle Aviation (South Carolina) B-31
Exxon Company USA, Allied Terminals, Inc. (South Carolina) B-31
Leading Edge Aircraft Painting, Inc. (Mississippi) B-31
LWD, Inc. (Kentucky) B-31
Safety-Kleen Corp. (Kentucky) B-31
July 1998
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
Somerset Refinery, Inc. (Kentucky) B-31
, Southland Oil Company (Mississippi) B-32
TSCA B-32
Southern Water Treatment, Inc. (South Carolina) B-32
Multimedia B-32
Trinity American Corp. (North Carolina) B-32
REGION 5 B-33
CERCLA B-33
Arcanum Iron and Metal Site (Ohio) B-33
Circle Smelting Corp. Site (Illinois) B-33
Union Carbide Marietta Site (Ohio) B-33
Clean Air Act B-33
LTV Steel Company (Illinois) B-33
Shell Oil Company and Shell Wood River Refining (Illinois) B-34
Clean Water Act B-34
Hudson Foods, Inc. (Indiana) B-34
London Aggregate (Michigan) B-34
EPCRA B-34
B.P. Chemicals, Inc. (Ohio) B-34
Union Tank Car Company (Indiana) B-34
United Dominican Industries (Ohio) B-35
FIFRA B-35
3M (Minnesota) B-35
EKCO Housewares, Inc. (Illinois) B-35
RCRA B-35
Lafarge Corporation (Ohio) B-35
Reilly Industries, Inc. (Indiana) B-35
SDWA B-36
Gordon Tuck and Harry Stephens (Michigan) B-36
TSCA B-36
Murphy Oil Corporation (Wisconsin) B-36
Multimedia B-36
American National Can Company (Northern District of Indiana) B-36
Sherwin-Williams (Illinois) B-36
REGION 6 B-37
CERCLA B-37
Bayou Bonfouca Superfiind Site (Louisiana) B-37
Dixie Oil Processors Site (Texas) B-37
Gurley Pits NPL Site and South 8th Street Landfill NPL Site (Arkansas) B-37
Odessa Chromium II North Site (Texas) B-37
Vertac Superfund Site (Arkansas) B-37
Clean Air Act B-37
U.S. v. Formosa Plastics Corp. (Texas) B-37
U.S. v. Lyondell Petrochemical Company (Texas) B-37
Clean Water Act B-38
Yaffe Iron and Metal Co., Inc. (Oklahoma) B-38
EPCRA B-38
Union Carbide Corp., Taft Plant (Louisiana) B-38
RCRA B-38
Marine Shale Processors (MSP/GTX) (Louisiana) B-38
B-v
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
SDWA B-38
Cuna Del Valle (Texas) .' B-38
U.S. (Sac and Fox Nation) v. Tenneco Oil Company (Oklahoma) B-38
TSCA B-38
Oklahoma Metal Processing Company, Inc., d/b/a Houston Metal Processing Company,
and Newell Recycling Company, Inc. (Oklahoma) B-38
Multimedia B-39
U.S. v. EXXON Corp. (Louisiana) B-39
REGION 7 B-40
CERCLA B-40
Des Moines TCE Site (Iowa) B-40
FAR-MAR-CO Subsite, U.S. Cooperative Producers, Inc., and Farmland Industries, Inc B-40
City of Hastings (Nebraska) B-40
Jasper Counter Superfund Site and Cherokee County Superfund Site (Missouri) B-40
Meramec Marine Shipyard (Missouri) B-40
Norandex Inc., and the City of Joplin (Missouri) B-41
North Ridge Homes B-41
Prier Brass Superfund Site (Missouri) B-41
U.S. v. Russel Bliss, Jerry Bliss, and George Bliss (Missouri) B-41
U.S. v. TIC Investment and Stratton Georgoulis (Iowa) B-41
Clean Air Act B-42
Stiffler, Carl & Jean, d/b/a Southwest Wrecking Company (Shallow Water Refinery) (Kansas) . B-42
Clean Water Act B-42
City of Sedalia (Missouri) B-42
Halls Ferry Center, Inc., and Halak, Inc. (Missouri) B-42
Labarge, Inc. (Missouri) B-42
EPCRA B-42
Crustbuster/Speed King, Inc. (Kansas) B-42
FIFRA B-43
David Redler, d/b/a Tree N' Turf Lawnscapes (Nebraska) B-43
RCRA B-43
American Microtrace Corp. (Nebraska) B-43
Graphic Circuits Corp. and Barry Smith (Iowa) B-43
TSCA B-43
LaClede Gas Company (Missouri) B-43
Solomon Corp. (Kansas) B-44
Multimedia B-44
Brush Creek Oil Spill (Missouri) B-44
HWH Corp. (Iowa) B-44
Missouri Charcoal Kilns (Missouri) B-44
REGION 8 B-45
CERCLA B-45
Allied Signal, Inc., and General Chemical Corp. (Colorado) B-45
ASARCO, East Helena Facility (Montana) B-45
Chemical Handling Corp. Site (Colorado) B-45
Portland Cement (Utah) B-45
Summitville Mine Site (Colorado) B-45
Traub Battery and Body Shop (South Dakota) B-45
Clean Air Act B-46
Plum Creek Manufacturing, L.P. (Montana) B-46
July 1998
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
Stone Container Corp. (Montana) B~46
Vastar Resources, Inc. (Colorado) B"46
Clean Water Act B~47
ASARCO, East Helena Facility (Montana) B'47
City of Watertown (South Dakota) B'47
John Morrell and Company, Inc. (South Dakota) B"47
Sheyenne Tooling & Manufacturing Co., Inc. (North Dakota) B-47
The Telluride Company (Colorado) B'47
Trail King Industries (South Dakota) B'47
EPCRA B"4®
Colorado Paint Company (Colorado) B'48
Neoplan USA Corp. (Colorado) B'48
RCRA ^
Envirocare (Utah) B'48
North American Environmental, Inc B'48
Reclaim Barrel Supply Co., Inc., and Allstate Container Inc. (Utah) B-48
TSCA
Colorado School of Mines Research Institute (Colorado) •
REGION9
CERCLA °~**
Burbank Operable Unit (California) B"49
Del Amo NPL Site (California) B'49
Glendale North and South Operable Units (California) B-49
Hendler v. U.S. (California) B'49
Industrial Waste Processing Site (California) B'50
Lorentz Barrel & Drum (California) B'50
Newmark Groundwater Contamination Superfund Site (California) B-50
North Hollywood Operable Unit (California) B"50
Operating Industries, Inc. (California) • B"50
Santa Monica MTBE Groundwater Contamination (Santa Monica, California) B-51
U.S. v. Fontana Wood Preserving, Inc. (California) B-51
U.S. v. Iron Mountain Mines, Inc. (California) B'5 J
U.S. v. Montana Refining (Nevada) B'52
South Indian Bend Wash, Middlefield-Ellis-Whisman, San Gabriel Valley, and South Bay Asbestos
Superfund Sites (Arizona and California) B'52
Clean Air Act B'52
U.S. v. North American Chemical Company (California) B-52
U.S., Unitek Environmental Services, and Unitek Solvent Services v. Hawaiian Cement B-53
Clean Water Act B'53
U.S. v. Appel (California) B'53
U.S. v. Berry Petroleum (California) B-53
U.S. v. Pacific Gas & Electric Co. (California) B-53
U.S. v. City of San Diego (California) B'54
U.S. v. Simpson Timber Co. and Simpson Redwood Co. (California) B-54
EPCRA B'54
Burns Philp Food, Inc., d/b/a Fleischmann's Yeast; Fresh Start Bakeries, Inc.; Haleakala Dairy;
House Foods Hawaii Corporation, d/b/a Foremost Dairies-Hawaii; and Pint Size
Corporation (Hawaii) a-54
Dreyer's Grand Ice Cream, Inc. (California) B"55
Kraft Foods, Inc. (California) B'55
Union Oil Company of California (California) B"55
U.S. Valley Wood Preserving, Inc. (Turlock, California) B-55
B-vii
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
B.55
Scotts-Sierra Crop Protection Company (Ohio) .. B 55
RCRA '.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.''.'.'.'.'.'.'.'.'.'. B-56
Bureau of Indian Affairs (Ft. Defiance); Bureau of Reclamation (Yuma Desalting Plant);
and National Park Service (Hawaii Volcanoes National Park)(Arizona and Hawaii) ...'. B-56
U.S. v. Hawaiian Western Steel (Hawaii) B-56
REGION 10 B 57
CERCLA ^^^;;""!";!!!!;"""!";;;;;;::;;; B-5?
Alaska Railroad Corp. (Alaska) B-57
Kerr-McGee (Idaho) B-5?
Northwest Pipe and Casing (Oregon) '.'.'.'.'.'.'.'.'.'.'.'.'. B-57
South Tacoma Field (Washington) '.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'. B-57
Teledyne Wah Chang Albany (Oregon) '.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'. B-58
Clean Air Act B_58
Alaska Pulp Corp. (Alaska) \ B-58
Kalama Chemical, Inc. (Washington) B-58
Ketchikan Pulp Corp. (Alaska) B-59
Mapco Alaska Petroleum, Inc. (Alaska) '.'.'.'.'.'.''.'.'.'.'.'. B-59
Clean Water Act B_59
BP Exploration, Inc. (Alaska) B-59
Jerome Cheese Co. (Idaho) B 59
FIFRA :::::::::::::::::::::::::::::::::::::: B-59
Precision Helicopters, Inc. (Oregon) .. B 59
RCRA '.'''.'.'.'.'.'.'.'.'.'.'.''.'.'.":::::::::::::::::: B-59
Fort Richardson and Fort Wainwright (Alaska) B-59
U.S. Coast Guard (Alaska) B 60
TSCA :.'.'.'":::::::::::::::::::::::::::: B-6o
Asbestos Services International (Oregon) B-60
NBA Environmental (Idaho) B-60
Louisiana Pacific Corp. (Oregon) B-60
Multimedia B_gj
Tesoro Alaska Petroleum Co. (Alaska) B-61
OFFICE OF REGULATORY ENFORCEMENT B 62
PIPRA ";::".'.':::::::::::::::::::::::::::: B-62
Hasbro, Inc B 62
RCRA "''i''i"i^"!!!!"!!!!!!!!;;;!!!;!;;;;;;;;; ^
Chief Supply Corporation, Inc. (Oklahoma) B-62
Harmon Electronics, Inc. (Missouri) r> ^
TSCA :::::::::::::::::::::::::::::::::::::: 1%
Newell Recycling Company, Inc B-62
Multimedia B-62
Marine Shale (Louisiana) B-62
CRIMINAL B_64
U.S. v. Attique Ahmad (Southern District of Texas) B-64
U.S. v. BFI Services Group (Eastern District of Pennsylvania) B-64
U.S. v. Child Safe Products Corp. (Eastern District of New York) B-64
U.S. v. Cooper (Southern District of California) '..'.'.'. B-64
U.S. v. Noble Cunningham (Northern District of Georgia) '''' B-64
U.S. v. Darling International, inc. (District of Minnesota) '..'.'.'.'.'.'.'.'.'.'. B-65
July 1998
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U.S. v. Eklof Marine Corp. (District of Rhode Island) B-65
U.S. v. Raymond Feldman (Eastern District of Missouri) B-65
U.S. v. Four Star Chemical (Southern District of California) B-65
U.S. v. Greenwood (District of South Dakota) B-65
U.S. v. Roy Hart (District of Utah) B-65
U.S. v. Hess Oil Virgin Islands Corp. (Southern District of New York) B-66
U.S. v. Hanousek (District of Alaska) B-66
U.S. v. Jones (Northern District of West Virginia) B-66
U.S. v. Kilgore (District of Northern Ohio) B-66
U.S. v. Knight (Northern District of West Virginia) B-66
U.S. v. LeFave (Southern District of California) B-66
U.S. v. Mann (District of Colorado) B-67
U.S. v. McCrary (Eastern District of Texas) B-67
U.S. v. Ray McCune (District of Utah) B-67
U.S. v. Midstream Holding Corp. (Middle District of Louisiana) B-67
U.S. v. Moore (Southern District of West Virginia) B-67
U.S. v. Refrigeration USA (Southern District of Florida) B-67
U.S. v. Terry Rettig (Eastern District of Virginia) • B-68
U.S. v. William Ries et. al. (Northern District of Iowa) B-68
U.S. v. Royal Swift and U.S. v. J and M. Devine Corp. (District of Massachusetts) B-68
U.S. v. Rudd (Eastern District of Texas) B-68
U.S. v. James Scalise and Frey Manufacturing, Inc. (District of Connecticut) B-68
U.S. v. Seawitch Salvage, Inc. (District of Maryland) B-69
U.S. v. Taylor (District of Oregon) B-69
U.S. v. Valverde (Central District of California) B-69
U.S. v. Walls (District of Mississippi) B-69
U.S. v. Warner Lambert (District of Puerto Rico) B-69
U.S. v. Johnnie James Williams (Western District of Tennessee) B-70
FEDERAL FACILITIES ENFORCEMENT OFFICE B-71
CERCLA B-71
King Salmon (Alaska) B-71
Naval Ammunition Depot ( Nebraska) B-71
Oak Ridge Tennessee Reservation (Tennessee) B-71
Old Navy Dump/Manchester Laboratory (Washington) B-71
Paducah Gaseous Diffusion Plant (Kentucky) B-71
Warren Air Force Base (Wyoming) B-71
RCRA B-?I
Defense Depot (Tennessee) B-71
Department of Veterans Affairs Medical Center (Connecticut) B-72
Fort Campbell (Kentucky/Tennessee) B-72
Naval Undersea Warfare Center (NUWC) (Connecticut) B-72
United States Coast Guard (USCG) (Alaska) B-72
U.S. Department of Interior, Bureau of Indian Affairs (California) B-72
Washington Navy Yard (Washington, D.C.) B-72
SDWA B'73
Redstone Arsenal (Alabama) B-73
TSCA B-73
U.S. Navy PCB Containing Vessel B-73
Agreement to Transfer Naval Boats, Support Craft and Industrial Equipment with PCBs to
Communities for Further Use B-73
Navy Export Agreement » B-73
Extension of Sinking Exercise Agreement (SINKEX) B-73
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
Implementation of the Minuteman II Compliance Agreement B-74
Implementation and Modification of TSCA, Federal Facility Compliance Agreement (FFCA)
for the Uranium Enrichment Operations at DOE's Gaseous Diffusion Process Facilities:
Portsmouth, OH; Paducah, KY; and Oak Ridge, TN and Execution of the Oak Ridge
Reservation Polychlorinated Biphenyls Federal Facilities Compliance Agreement
(ORR-PCB-FFCA) B_74
Museum Transfer Ships B-74
July 1998
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REGION 1
CERCLA
Bennington Landfill Super/and Site (Vermont): The
U.S. and the State of Vermont reached a settlement
with 19 parties to perform and fund a non-time
critical removal action (NTCRA) for the Bennington
Landfill Superfund Site in Bennington, VT, which
will cost approximately $10.5 million. This
settlement was entered by the court on August 8,
1997. The NTCRA consists of capping the site and
containing site wastes. As part of settling the natural
resource damages claim, the settlement also requires
the settlors to implement a wetlands restoration and
education project which was approved by the U.S.
Department of the Interior (DOI) and the State of
Vermont.
The settlement consisted of two documents: an
administrative order and a consent decree. The
settlement incorporated three of the Environmental
Protection Agency's (EPA's) Superfund
administrative reforms: compensation of orphan
shares, protection of small parties, and adoption of
Potentially Responsible Party (PRP) allocations.
Because the generator of the largest volume of waste
was bankrupt, EPA and the state are performing long
term monitoring at the site valued at approximately
the allocated share of the bankrupt party. Fourteen of
the 19 settlers are resolving their liability as de
minimis parties, which provides those small parties
with final settlement of their liabilities. The
resolution of the natural resources damage claims and
the related release from liability by the State of
Vermont are the first release of its kind ever provided
by Vermont in a Superfund settlement.
Cannons Bridgewater Superfund Site
(Massachusetts): On January 9, 1997, EPA signed a
prospective purchaser agreement with Osterman
Propane, Inc., and the Massachusetts Bay
Transportation Authority (MBTA) concerning the
Cannons Engineering Corporation Bridgewater
Superfund Site in Bridgewater, MA. The agreement
will facilitate the reuse of a portion of the site by
Osterman as a wholesale propane gas facility. This
agreement also promotes the MBTA's plans to
extend a commuter rail to the Town of Bridgewater
as part of the Old Colony Railroad Project. In order
to facilitate a portion of the project, the MBTA took
title to Osterman's former property located within the
town and proposes to relocate Osterman to the
property. The town, which is the current owner of
the property, will transfer title of the property to
Osterman in order to keep Osterman's business
located within the town. Pursuant to a consent
decree, settling PRPs have completed the soil cleanup
at the site and currently are performing the remaining
cleanup work, which consists of monitoring
groundwater until cleanup levels are achieved
through natural attenuation.
Cohen Superfund Site (Massachusetts): On
September 9, 1997, EPA signed a prospective
purchaser agreement with the City of Taunton, MA,
regarding the Cohen Property Superfund Site. The
Cohen site is a removal site currently undergoing a
$6-7 million removal action. The city intends to use
the site as "lay down" equipment and salt/sand
storage for its Department of Public Works (DPW)
and Building Department, and as a rail transfer point
for shipments of material for the Central Artery
reconstruction. The city agreed to: allow Region 1 to
use the Taunton Landfill for disposal of contaminated
soils; perform operation & maintenance and
environmental monitoring on the site; purchase
adjoining contaminated parcels to consolidate
ownership; pave a portion of the site; and provide
access and abide by institutional controls. The site is
located in an economic target area designated by the
Commonwealth of Massachusetts, and reuse of the
site is part of the city's overall redevelopment
strategy for the area.
Industri-Plex Superfund Site (Massachusetts): On
December 31,1996, EPA signed a prospective
purchaser agreement with three Massachusetts
transportation agencies concerning a portion of the
Industri-Plex Superfund Site in Woburn, MA. The
Industri-Plex site currently is nearing completion of a
$70 million remedy performed and funded by the
PRPs. The three transportation agencies intend to
use the property for a transportation center,
consisting of a commuter rail station, a "park and
ride" facility to downtown Boston and Logan
Airport, and a new interchange for Route 93, which
is adjacent to the site. The three agencies agreed to
construct a cover on the property that exceeds the
requirements of the remedy, to provide access, and to
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
abide by institutional controls being developed for
the site.
Landfill and Resource Recovery Superfund Site
(Rhode Island): A settlement was reached in
February 1997 for the Landfill and Resource
Recovery (L&RR) Superfund Site in North
Smithfield, RI, which includes one of the first
Supplemental Environmental Projects (SEP) in the
Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA)
program. This settlement resolved the U.S.'s claims
for past and future costs, natural resource damages,
and penalties for alleged violations of a unilateral
administrative order (UAO). The settlement also
requires the settling parties to complete the cleanup
of the site. The L&RR site was a former landfill
where EPA estimated that more than two million
gallons of waste, including hazardous substances,
were accepted for disposal.
Under the terms of this settlement, the settling parties
will pay a total of $2.06 million. Of this amount,
S525.000 will be placed in escrow by the settling
parties and will be used to fund a SEP for the
acquisition of wetlands and/or conservation
easements in the Blackstone River Valley National
Heritage Corridor. The Corridor, which includes
about 380,000 acres, is a string of parks, museums,
historic buildings, and waterways. Its expansion and
preservation is one of the State of Rhode Island's
highest environmental priorities. The DOI will
receive $200,000 for damages to natural resources at
the site and will use this money to restore wetlands
acquired pursuant to the SEP.
Norwood Superfund Site (Massachusetts): On
September 29, 1997, EPA signed a prospective •
purchaser agreement with an individual and his
corporation concerning a portion of the Norwood
PCS Superfund Site in Norwood, MA. The PRPs
currently are performing the remedy for the site. The
prospective owner has agreed to conduct a response
action at the site by demolishing a groundwater
treatment building at the end of its useful life, pay the
U.S. $10,000, provide access, and abide by
institutional controls. The property will be used as a
wholesale automobile dealership.
Parker Landfill Superfund Site (Vermont): In July
1997, the U.S. concluded negotiations with 13 of the
14 PRPs at the Parker Landfill Superfund Site. The
site, located in Lyndon, VT, was used for the disposal
of both industrial waste and municipal solid waste.
The environmental harm at this site has a
disproportionate impact on a low-income population
located in a relatively rural area. The "Northeast
Kingdom" in Vermont, where the site is located, is
economically depressed, and has lost several key
industries in the recent past. The settling parties have
agreed to fund and perform certain components of
the remedial action, including construction of the
landfill cap. The total value of the work to be
performed is estimated at over $7.8 million (of which
$1.13 million is being paid by de minimis parties).
The settlement was negotiated over the course of two
years and is a testament to several regional and
national Superfund initiatives. Among other efforts,
the case team: 1) used mediation early in the
negotiations to help the PRPs unite; 2) identified the
de minimis settlers early in the negotiations and
obtained the agreement of all parties to reduce the
small parties' transaction costs; 3) secured mixed
funding authorization early in the process to avoid
protracted litigation involving municipal third party
defendants and de minimis parties; and 4) funded an
orphan share as outlined in new EPA guidance.
Raymark Industries, Inc., Superfund Site
(Connecticut): On January 7, 1997, the U.S. and the
State of Connecticut filed suit against Raymark
IncLsVies, Inc., and related entities seeking recovery
of past and future cleanup costs incurred by the U.S.
in connection with the cleanup of the Raymark
Industries, Inc., Superfund Site in Stratford, CT.
Cleanup costs at the site are likely to reach $200
million. Raymark's attempt to sue the individual
homeowners and the Town of Stratford has been
thwarted effectively by the government through
agreements with the homeowners, which give them
complete protection against Raymark's actions. As
part of this litigation, the government is seeking a
holding that Raymark's attempted transfer of the site
to a self-created trust was fraudulent. The suit also
seeks to force the judicial sale of the Raymark
property so that redevelopment efforts can be
realized at the site.
CLEAN AIR ACT
Cod Oil Co., Inc., and East Coast Petroleum
(Massachusetts): On June 30, 1997, Region 1
initiated administrative actions against two fuel
distributors, Cod Oil Co., Inc., and East Coast
Petroleum, for violations of the Clean Air Act (CAA)
limits on the sulfur content of diesel fuel. These two
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
companies distributed noncomplying fuel to
municipalities throughout Greater Boston and Cape
Cod, resulting in misfueling of multiple trucks and
buses. The proposed penalty of $46,500 against
Cape Cod Oil included a penalty for violations of the
Clean Water Act (CWA) requirements for Spill
Prevention, Control, and Countermeasure (SPCC)
Plans. The region sought a penalty of $57,750
against East Coast for CAA violations.
Regency Towers (Connecticut): Region 1
successfully implemented Alternative Dispute
Resolution (ADR) techniques to achieve an asbestos
cleanup by a condominium association, management
company, and contractor at a high rise condominium
complex located in Hartford, CT. The region had
previously issued an administrative order against the
parties to conduct a cleanup at the apartment
complex. After the parties' inability to delegate
cleanup responsibilities stalled the cleanup, Region 1
was able to intervene using ADR to accomplish the
cleanup.
CLEAN WATER ACT
Borough ofNaugatuck (Connecticut): On March
19, 1997, the region issued an administrative
complaint under CWA to the Borough ofNaugatuck,
CT, for violations of the effluent limits contained in
its National Pollutant Discharge Elimination System
(NPDES) Permit. Naugatuck operates a publicly
owned treatment plant which discharges into the
Naugatuck River. The complaint sought a $70,000
penalty.
The Massachusetts Department of Corrections
(Massachusetts): On May 28, 1997, the
Commonwealth of Massachusetts Department of
Corrections (DOC), agreed to pay an administrative
penalty of $52,000 for violations of CWA at the
correctional facility in Bridgewater, MA. DOC was
cited for violations of the total residual chlorine limit
in the facility's NPDES permit.
Robert Nicoloro (Maine): On March 18, 1997, the
region executed a consent agreement and final order
in settlement of the September 1996 administrative
penalty complaint issued to Robert Nicoloro
regarding violations of CWA §404. Nicoloro had
filled 0.1 acres of wetlands in 1992. In 1996, he
constructed a home and installed a septic system in
the fill, causing potential water quality problems for
the nearby Rachel Carson National Wildlife Refuge.
Pursuant to the consent order, Nicoloro agreed to pay
a $15,000 penalty. In February 1997, the region also
issued an administrative order for injunctive relief to
Nicoloro. In the administrative order, the region
required Nicoloro to replace his septic system with a
closed "tight tank" system through which septage is
captured and pumped for discharge into a publicly
owned treatment works (POTW), rather than into the
wetlands.
Siegel's Broadway Truck Parts: On June 16, 1997,
Siegel's Broadway Truck Parts, Inc., agreed to pay a
$20,000 penalty to settle an administrative penally
order for failing to have a storm water NPDES permit
or a SPCC plan under CWA. This action was part of
the region's efforts to target the automotive salvage
yard sector. Discharges from automotive salvage
yards consist of toxic contaminants such as heavy
metals and carcinogenic organic chemicals. This
initiative also addressed environmental justice
concerns since many of these facilities are located in
low-income areas.
EPCRA
Minnesota Mining and Manufacturing Company
(3M) (Massachusetts): On February 20, 1997,
Region 1 issued a consent agreement which required
3M to pay a penalty of $75,000 in settlement of
Emergency Planning and Community Right-to-Know
(EPCRA) violations. EPA initiated this action based
on 3M's failure to submit Toxic Chemical Release
Inventory (TRI) Reporting forms (Form R) for
certain EPCRA listed chemicals used at its
manufacturing facility in Chelmsford, MA, during
1992, 1993, and 1994.
RCRA
Aluminum Finishing (Connecticut): On April 16,
1997, the region settled an administrative complaint
against Aluminum Finishing Company, Inc., for
violations of the Resource Conservation and
Recovery Act (RCRA) and Connecticut State
Regulations. Aluminum Finishing anodizes
aluminum parts. Among other violations, they failed
to provide hazardous waste training for personnel and
to maintain an adequate contingency plan. The
settlement is $26,225, of which $16,737 is for a SEP
and $9,488 is a penalty.
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Lake Success Business Park (Connecticut): On
September 26, 1997, Region 1 signed a major
administrative consent order modification under
RCRA §3008(h), which will require Sporting Goods
Properties, Inc. (SGP) to clean up lead-contaminated
soils at the Lake Success Business Park in
Bridgeport, CT. The 435-acre property, formerly
owned and operated by the Remington Arms
Company, was used from 1905 to 1989 for the
manufacture, testing, and disposal of ammunition.
The reluctance of certain adjacent private landowners
to sell their property to SGP caused a longstanding
impasse on remediation activities. With the
assistance of an in-house mediator provided by
Region 1 's ADR program, the cleanup and
redevelopment plans ultimately moved forward.
Motivated in part by this successful use of mediation,
EPA and SPG included an ADR provision in the
dispute resolution section of the order modification.
This is the first application of the newly developed
regional model ADR provision, which was based
largely on an approach developed for the Central
Landfill Superfund consent decree.
Massachusetts Military Reservation
(Massachusetts): In August 1997, Region 1 settled
three RCRA administrative actions against three
federal facilities located at the Massachusetts Military
Reservation (MMR) in Bourne, MA. The settlements
with the Army National Guard (Camp Edwards), the
Air National Guard (Otis Air Force Base), and the
25th Battalion Marines each included SEPs to fund
and/or present training workshops for base staff and
local officials in handling hazardous materials;
responding to emergency spills and explosions; and
obtaining assistance from the Federal Emergency
Management Agency (FEMA) in the case of
catastrophic events. The RCRA cases against the
Army and Air National Guards, both large quantity
generators, cited failures or inadequacies in the
regulatory areas of waste determinations, training,
contingency planning, container management, and
land disposal restriction notifications. The RCRA
case against the Marines facility, a small quantity
generator, included failures to make waste
determinations, label and date containers, and
properly manifest hazardous waste. The cases were
complicated by a large Superfund site at the same
location.
SDWA
Massachusetts Military Reservation
(Massachusetts): On February 27, 1997, Region 1
issued an order under the emergency authority of
Safe Drinking Water Act (SDWA) §1431, requiring a
full environmental study of the training ranges and
impact area at the MMR on Cape Cod. MMR is sited
directly over the Cape Cod Aquifer, the only source
of drinking water for up to 500,000 people, which
was designated by EPA as a "sole source aquifer"
under the SDWA in 1982. The military training
ranges and firing impact area at MMR lie directly
over the apex of the Sagamore Lens, the most
productive part of the aquifer. In early 1997,
extensive contamination of the aquifer had already
been documented at the southern portion of MMR.
These plumes of contamination already had
contaminated 66 billion gallons of groundwater, and
continued to move at a rate of one to three feet per
day. Two public water supply wells and scores of
residential drinking water wells had already been
shut down under the Superfund program as a result
of activities at MMR.
In April 1997, Region 1 issued a second SDWA
§1431 order, requiring MMR to cease training
activities which might present a substantial threat to
the drinking water supply, pending completion of a
full environmental assessment. EPA remained
concerned about the effects of ongoing use of the
training ranges and impact area, which included
firing of artillery, firing of more than one million
rounds of lead bullets annually, and maneuvers using
pyrotechnics, propellants, and other materials
containing hazardous substances. This second order
was affirmed by the Deputy Administrator of EPA in
May 1997. The National Guard Bureau is complying
with both orders, and a full investigation of the
training ranges and impact area is expected to be
completed in 1998.
TSCA
Electric Boat Corp. (Electric Boat) and Knolls
Atomic Power Laboratory, Inc. (KAPL)
(Connecticut): On June 13, 1997, the region issued
administrative penalty complaints under the Toxic
Substances Control Act (TSCA) to Electric Boat
($20,000) and KAPL ($15,000) for Polychlorinated
Biphenyls (PCB) violations that occurred in Windsor,
CT. Electric Boat is a subcontractor to KAPL for
PCB paint removal at the U.S. Department of Energy
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(DOE) facility in Windsor, CT. The complaint
alleged that Electric Boat improperly disposed of
PCBs and improperly distributed them in commerce.
KAPL was responsible for disposing of storage tanks
painted with PCB-contaminated paint. The
complaint against KAPL alleged that KAPL violated
the terms of the EPA agreement regarding approval
for the disposal of PCB-contaminated materials.
Ruggles-Klingman (Massachusetts): On February
16, 1997, the region approved a consent agreement
consent order (CACO), settling an administrative
proceeding under TSCA § 16(a) against Ruggles-
Klingman Manufacturing Company of Salem, MA.
Ruggles-Klingman, a valve manufacturing facility,
violated certain requirements of TSCA §6(e) and the
PCB regulations by unlawfully distributing PCBs in
commerce. Pursuant to the CACO, Ruggles-
Klingman paid a civil penalty of $26,300 and
certified that all PCB waste had been properly
removed from its facility. This case was settled
within thirty days of filing pursuant to the region's
expedited settlement policy.
MULTIMEDIA
City of Haver/till (Massachusetts): A consent
agreement and final order was entered between the
City of Haverhill, MA, and Region 1 on June 27,
1997. This multimedia enforcement action
concerned violations of RCRA for storing or
disposing of hazardous waste without a license, as
well as land disposal restrictions, and violations of
CWA for failure to have a SPCC plan in violation of
the Oil Pollution Prevention regulations. This action
came about as a result of an inspection of Haverhill's
Department of Public Works (DPW) facilities by the
region's Public Agency Team. At the time of the
inspection, EPA inspectors found a waste pile of
hazardous waste containers abutting a wetland.
Under the terms of the consent agreement, the
respondent will pay a $17,000 penalty and spend at
least $104,580 on a SEP, which includes building a
permanent household hazardous waste collection
facility and conducting quarterly household
hazardous waste collections.
arose out of an inspection of the BU Medical School
campus, a facility that has a high potential to release
hazardous contaminants in a populated urban setting.
Under the agreement, BU paid a cash penalty of
$253,000 and will conduct two SEPs that will cost an
additional $518,000. BU also installed a petroleum
product recovery system around the site to remediate
the groundwater that was contaminated as a result of
the leak. The agreement was reached after BU
sought input from Boston community groups
regarding the SEPs. One of the SEPs will help
control storm water discharges to the Charles River
by identifying and constructing new storm water
control technologies around sites on BU's campus.
Under the terms of the second SEP, BU agreed to
perform a project that will remediate and rehabilitate
a contaminated parcel of land that has been used as a
community garden in the Lower Roxbury area of
Boston, an environmental justice community. Initial
soil testing at the parcel indicated that lead levels
exceed those recommended for growing vegetables.
Westford Anodizing (Massachusetts): On July 14,
1997, Region 1 entered into a consent agreement and
final order with Westford Anodizing in settlement of
an action under CWA and RCRA. Westford
Anodizing is a metalplating facility in Westford, MA.
Under the terms of the consent agreement, the
respondent paid a $33,625 cash penalty. In addition,
Westford will implement a $196,000 SEP that
reduces the amount of wastewater it discharges by
approximately 60 percent and achieves
recovery/recycling efficiencies of between 80 to 100
percent.
U.S. vs. Trustees of Boston University
(Massachusetts): Region 1 entered a judicial consent
decree with Boston University (BU) resolving BU's
alleged violations of CWA and RCRA. The alleged
CWA violations arose out of an oil spill at BU's
Charles River campus, and the RCRA violations
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REGION 2
CERCLA
U.S. v. Air Products & Chemicals, et ah (New
Jersey): On June 27, 1997, a consent decree was
entered involving the GEMS Landfill Superfund Site
located in Gloucester Township, NJ. Although the
U.S. originally sued only nine parties, the court
consolidated the case with a pending state action
resulting in an action involving over 350 parties. As
a result, the U.S. and the state entered into a global
settlement. The value of the settlement is
approximately $30 million.
The Township of Gloucester started using the GEMS
Superfund Site as a landfill in 1952. From 1969
through 1980, wastes such as solvents, paints,
asbestos, industrial waste, process wastewaters, and
waste liquids, solids, and sludge routinely were
disposed of there. The work at the site, which
includes construction of agroundwater extraction
and treatment system, will be performed by 22
"Reopener Settling Defendants," including the
Township of Gloucester, which owns the site. The
fife minimi's component of the settlement is composed
of 101 municipalities, 62 transporters, and 88
generators.
Because of the presence at the site of a federally-
threatened species of plant, Helonias bullata or
Swamp Pink, the consent decree also has attached a
"Swamp Pink Monitoring Plan" as an Appendix,
which will ensure that the Swamp Pink receives only
minimal impacts from the remediation at the site.
U.S. v. Alcan Aluminum Corp. (New York): On
October 28,1996, a memorandum decision was
issued in this precedent-setting CERCLA case. The
parties had cross-moved for summary judgment of
the issue of Alcan's liability at the Fulton Terminals
site and the Pollution Abatement Services (PAS) site.
Both sites are located in New York. As a result of
the decision in U.S. v. Olin, Alcan had moved to
dismiss the entire action.
The court found that the express language of
CERCLA supported a finding of clear congressional
intent to apply CERCLA retroactively. The court
held that CERCLA was a constitutional application
of the Commerce Clause in two ways: 1) it was a
lawful regulation or protection of instrumentalities of
interstate commerce, specifically, the protection of
surface water and groundwater resources; and 2)
CERCLA regulates activities which have a
substantial effect on interstate commerce (i.e., it
regulates activities causing air or water pollution or
other environmental hazards that may affect more
than one state). The court found that Alcan did not
contest any of the four elements of liability under
CERCLA and, therefore, granted the government's
motion for summary judgment as to liability.
The district court distilled the Second Circuit remand
decision to five remaining issues: 1) what hazardous
substances were in the emulsion wastes that Alcan
sent to PAS and Fulton; 2) what the background
levels of these hazardous substances are at the PAS
and Fulton Sites; 3) whether the levels of hazardous
substances in the emulsion exceed background levels
at the sites; 4) if the hazardous substances do not
exceed background, whether the hazardous
substances can concentrate; and 5) whether there is a
basis for apportionment of liability for costs. On
August 20, 1997, after submission of these further
briefs, the court denied both Alcan's and the
government's motions for summary judgment on the
apportionment issue.
U.S. v. Allied Signal, et al. (New Jersey): On
January 17, 1997, a consent decree was entered
resolving litigation related to the Bridgeport Rental
and Oil Services (BROS) Superfund Site in Logan
Township, NJ. More than 90 companies and federal
and state agencies agreed 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 settlement parties
include EPA, the State of New Jersey, 79 private
PRPs, and a number of other federal and state
agencies (named as generator defendants in
contribution claims).
U.S. v. American Locker Group, Inc., et al. (New
York): On January 10, 1997, a consent decree was
entered between the government and American
Locker Group, Bristol-Myers Squibb Company,
General Electric Company, IBM, and Pass &
Seymour. The decree provided that the settlors will
pay the U.S. $1,665,685 in reimbursement of
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response costs incurred by Region 2 at the Solvent
Savers Superfund Site, located in Lincklaen, NY.
The decree also provided for the payment to EPA of
$125,374 by the U.S. Air Force, also a PRP at the
site. This National Priorities List (NPL) site was
formerly a chemical waste recovery facility and drum
reconditioning business. Pursuant to a 1992
stipulation and order, the court declared these settling
defendants jointly and severally liable to the U.S. for
response costs incurred or to be incurred at the site.
Under a second 1992 stipulation and order, the
settling defendants and the Air Force paid $2,325,000
plus interest toward past response costs incurred by
EPA.
General Electric Company, et al. (New Jersey): On
February 24, 1997, Region 2 issued a UAO to
General Electric and John Pascale, Sr., in connection
with the Grand Street Mercury Site in Hoboken, NJ.
The site consists of a former industrial building,
which was converted into 16 condominium units, an
attached townhouse, and an adjacent parking lot.
Assessment activities undertaken by EPA revealed
that mercury, a hazardous substance, is ubiquitous at
the site. The order required the respondents to
perform certain interim measures to maintain the site
in a safe manner until EPA decided how it should be
remediated. During spring of 1997, EPA completed
a focused feasibility study for remediation of the site
and disposition of the former residents, who have
participated in a temporary relocation program since
January 1996. In September 1997, EPA listed the
site on the NPL. The respondents are complying
with the order, which requires them to provide site
security and building maintenance; these represent
continuations of removal activities which EPA had
undertaken previously.
Metallurgy Inc., and Shieldalloy Metallurgical Corp.
(New Jersey): On March 26, 1997, a settlement
agreement of environmental claims by and issues
between the debtors and the U.S. and the State of
New Jersey was entered in this bankruptcy case.
This settlement agreement resolves the
environmental claims brought by the U.S., including
those of Region 2 and the State of New Jersey,
pertaining inter alia to the Shieldalloy Superfund
Site. Under the terms of the agreement, Region 2
will receive $151,574 of its pre-petition costs, which
are being treated as a general unsecured claim
(including CERCLA costs and a RCRA penalty
which was originally $497,000), and $191,177 of its
post-petition costs. Region 2 also will share
approximately $25 million in financial assurance
with the State of New Jersey. This financial
assurance is being set aside by the debtors to pay for
the remediation of the site, which is contaminated
with hazardous substances. The site remediation is
being completed under an administrative consent
order between Shieldalloy Metallurgical Corp. and
the State of New Jersey. Operations will continue at
the site pursuant to the Reorganization Plan approved
by the bankruptcy court.
U.S. v. Jane Doe as Executrix of the Estate of
Edmund Barbera (New York): On November 14,
1996, the Department of Justice (DOJ), on behalf of
Region 2, filed a complaint against nine defendants
in connection with the Port Refinery Site located in
the Village of Rye Brook, Westchester County, NY.
In February 1997, the U.S. amended the complaint to
add 39 additional defendants. The complaint seeks
recovery of approximately-$4.6 million, plus interest,
in removal response costs expended by EPA in
addressing mercury contamination at the site. The
complaint was filed against the decedent estate of the
former owner and operator of the facility, the
corporate operator of the facility, an individual owner
of the facility, and 45 other parties that, EPA
believes, arranged for the disposal or treatment of .
scrap mercury at the facility. Mercury was released
from operations conducted between 1970 and 1991
and contaminated that property as well as several
neighboring properties. The response action included
the removal of more than 6,300 tons of
mercury-contaminated soil and debris; demolition of
the contaminated garage building and the nearby
pool cabana building; off-site disposal of
contaminated soil and materials at regulated landfills;
and restoration of properties from which
contaminated soil and other materials were removed.
In June 1997, a de minimis settlement was reached
with 22 of the defendants.
U.S. v. Monsanto et al. (New Jersey): On April 3,
1997, a consent decree was entered regarding the
White Chemical Corp. Superfund Site in Newark, NJ.
Under the terms of the decree, Monsanto Company,
PPG Industries, and Rhone-Poulenc, Inc., paid
$600,000 to EPA to resolve their CERCLA liability
in connection with the site. They also withdrew their
$2.4 million reimbursement claim, pending before
EPA's Environmental Appeals Board, for the cost of
work performed at the site under a UAO.
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On May 23, 1997, AZS Corporation, the land owner
for the site, filed a motion with the court for leave to
intervene in the case and vacate the consent decree
between EPA and the three generators. AZS claimed
that single publication of the public notice of the
proposed consent decree in the Federal Register was
inadequate, and that it only received actual notice
after the public comment period concluded. It
contended that if the public notice was given effect, it
would unconstitutionally extinguish AZS's right of
contribution from the settling parties should EPA
seek to recover response costs from AZS. The U.S.
and the settling parties argued that: 1) AZS's motion
was untimely; 2) post-judgment intervention is
granted in only extraordinary circumstances; 3) the
notice was all that was required by CERCLA; 4) the
U.S. and the settling parties would be substantially
prejudiced; 5) AZS was a recalcitrant PRP who failed
to comply with the UAO and had removed itself from
any discourse regarding the site; and 6) the consent
decree was reasonable given the litigation risks. The
judge denied AZS's motion to intervene, holding that
the U.S. complied with the notice provision, and to
allow intervention after such compliance would
frustrate the intent of CERCLA to encourage speedy
settlements and minimize long, expensive litigation.
Morgan Materials Superfund Site (New York): On
August 6, 1997, Region 2 issued an administrative
order relating to the Morgan Materials, Inc.,
Superfund Site, located in the City of Buffalo, Erie
County, NY. The site is comprised of an aging
storage warehouse with a leaky roof and is located
directly adjacent to a residential neighborhood. The
warehouse contains an estimated 10,000 drums of
chemicals and other materials. The order requires
Hertel Warehouse, Inc., Morgan Materials, Inc., and
Donald Sadkin to perform a removal action.
Respondents are the corporate owner of the site, the
corporate operator of the warehouse, and the
individual who owns and controls both of those
corporations. The removal action is to be performed
in cooperation with several chemical companies from
which drums originated. The removal action, which
is expected to cost more than $2 million, will include
the sampling, analysis, securing, stabilization, and
segregation of drums at the site, followed by removal
and off-site disposal.
U.S. v. Peirce, et. al. (New York): On January 22,
1997, a cost recovery consent decree was entered,
settling EPA's remainder case in this action, which
concerns the York Oil Company Superfund Site in
the Hamlet of Moira, NY. Under the consent decree,
six direct defendants and 18 third-party defendants
will pay $2,225,000 plus interest toward the
government's first operable unit (OU-1) response
costs at the site. A separate consent decree providing
for the implementation of the response actions
selected in EPA's 1988 OU-1 Record of Decision
(ROD) for the site was entered by the court on
August 10, 1996. After the remedial design/remedial
action (RD/RA) consent decree was lodged, the
government pursued a remainder case under
CERCLA against seven "generator" defendants who
were sued by the U.S. in 1992 and 1994, and one
"operator" defendant, Kenneth Peirce. In turn, a
number of these direct defendants filed third-party
claims against other PRPs. After this settlement, the
U.S. will have been reimbursed for approximately 76
percent of its outstanding past response costs, 50
percent of its mixed funding share for OU-1, and a
significant part of its future oversight costs for the
site.
V.S. v. Polymer Applications, Inc. (New York): On
April 10, 1997, DOJ filed a civil complaint on behalf
of Region 2 against Polymer Applications, Inc., and
Kevan M. Green in connection with the Polymer
Applications Superfund Site in Tonawanda, Erie
County, NY. The complaint seeks civil penalties
under CERCLA §104(e)(5)(B) for Green's and
Polymer's failure to respond to a July 27, 1995, EPA
Request for Information. The complaint also seeks
reimbursement of response costs incurred by EPA in
connection with its performance of a CERCLA
removal action at the site, and a declaratory judgment
that Green and Polymer are liable under CERCLA
for future response costs incurred by EPA at the site.
To date, EPA's site-related response costs, for which
Green and Polymer are liable, exceed $5,762,000.
Polymer is the current owner of the site, and Green is
the current operator of the site. Polymer and Green
also owned and/or operated the site during times that
hazardous substances were disposed of there.
Polymer manufactured phenolic resins, plastics, and
various rubber products at the site between
approximately 1972 and 1988. In July 1988, a series
of explosions and fires occurred at the site, forcing
Polymer to cease its industrial operations. In
December 1996, EPA completed a removal action at
the site to address significant quantities of hazardous
substances that remained there after the 1988 fire,
including over 2,000 55-gallon drums of hazardous
substances, 12,000 pounds of laboratory chemicals,
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and approximately 7,900 tons of phenolic resin
compounds.
Port Refinery Site (New York): On June 3, 1997, a
de minimis partial consent decree was entered
between the U.S. and 22 parties in the government's
cost recovery action brought in connection with the
Port Refinery Superfund Site. The decree provides
for a "cash-out" settlement with parties alleged to
have arranged for the disposal or treatment of de
minimis amounts of scrap mercury at the site. The de
minimis cash-out payments will range from a high of
$34,220 to a low of $922 and will aggregate to
$287,644. The settlement amounts represent the
volumetric fair share of the estimated total site
response costs for the settling parties, plus a premium
of 100 percent. The settlement does not include a
remedy cost reopener.
The site had become heavily contaminated with
mercury from the mercury refining and repackaging
business run by its now deceased owner. EPA spent
more than $4.6 million in a removal action to clean
up and restore the site. Earlier in Fiscal Year (FY)
1997, the government filed a complaint seeking
reimbursement of response costs against 48 parties,
including the settling defendants. Each de minimis
settling party was alleged to have sent less than 1,000
pounds of scrap mercury, or less than 0.37 percent of
the scrap mercury sent by all of the defendants.
Puerto Rico Electric Power Authority (PREPA) -
Palo Seco Plant Site (Puerto Rico): On September
29, 1997, Region 2 issued a UAO to PREPA
requiring it to carry out a remedial investigation and
feasibility study (RI/FS) for its plant site located in
the Palo Seco Ward of Toa Baja, PR. The site is not
on the NPL. Analysis of soil samples and sediment
samples collected at the site revealed the presence of
various hazardous substances at elevated
concentrations above background levels, including
PCBs, antimony, barium, beryllium, cadmium,
chromium, cobalt, copper, lead, nickel, selenium, and
zinc. The RI/FS required under the order is designed
to: 1) determine the nature and extent of
contamination and any threat to the public health,
welfare, or environment caused by any release or
threatened release of hazardous substances,
pollutants, or contaminants at or from the site; and 2)
determine and evaluate alternatives for the
remediation or control of the release or threatened
release.
SCP/Carlstadt Site (New Jersey): On June 23, 1997,
Region 2 issued an administrative order on consent
(AOC) to 60 settling parties for a de minimis
settlement regarding the Scientific Chemical
Processing (SCP) Superfund Site in Carlstadt, NJ.
The site formerly was used to operate an industrial
waste handling, treatment, and disposal enterprise.
The respondents agreed to pay a total of $4,877,194.
In return for these payments, each respondent will
receive a covenant not to sue from the U.S., subject
to two reopeners. The first reopener concerns
incomplete, inaccurate, new, or false information
which indicates that any respondent's contribution to
the site was higher than the allocable share
established for the settlement and which materially
affects the terms of the settlement. The second
reopener addresses potential cost overruns associated
with any future response action at the site. EPA.may
seek an additional payment by each respondent in the
event that total site response costs exceed $200
million. In addition to the reopener provisions, a
premium of approximately 60 percent is included in
each respondent's total settlement amount. This
premium serves as a risk apportionment device,
similar to an insurance premium, under which the
risks taken by EPA for providing the respondents
with a release from liability are offset by a payment
in excess of the cost projected to complete the
remedy.
Warwick Landfill Site (New York): On November 8,
1996, a de minimis consent decree for the Warwick
Landfill Site was entered. The settling defendants
are Lightron Corporation (Lightron) and Revere
Smelting & Refining Corporation (RSR). The
landfill is a NPL site located in the Town of
Warwick, Orange County, NY. It was operated as a
municipal landfill by the Town of Warwick from the
mid-1950's through 1977, although documented
instances of hazardous substance disposal occurred
during that time. From 1977 until closure in 1980,
the site was operated by Grace Disposal Ltd. During
that time, significant disposal of industrial wastes
containing hazardous substances occurred, including
wastes generated by Lightron and RSR. Under the
terms of the settlement, each defendant will pay its
fair share of the government's past and future
response costs, based on the percentage of hazardous
substances they contributed to the site. Lightron will
pay $5,704 and RSR will pay $1,070. By separate
settlement, each of these defendants also will pay its
fair share of remedy costs to a group of PRPs who
are performing the site remedy. In consideration of
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both payments, the settling defendants will receive a
covenant not to sue for the site and contribution
protection for all costs incurred at the site.
U.S. v. Wasserman (New York): On August 15,
1997, the government's summary judgment motion
was granted in this case involving the Barrier
Industries, Inc., Superfund Site located in Port Jervis,
NY. The ruling found Kurt Wasserman, CEO and
majority shareholder of Barrier Industries, personally
liable for EPA's response costs as an operator under
CERCLA. The ruling also granted the government's
claim under the Federal Debt Collection Procedures
Act that the defendant fraudulently transferred
property through a divorce settlement to avoid
recovery by EPA. The ruling dismissed all defenses
and counterclaims by the defendant, including claims
for EPA's disposal of abandoned product, and
dismissed a suit against a third party defendant whom
EPA declined to name as a PRP. A trial regarding
EPA's costs is pending.
Barrier formulated and manufactured janitorial
chemicals at the site from 1978 until the facility was
abandoned late in December 1993. Sometime prior
to January 2, 1994, pipes in the facility burst,
flooding most of the facility's ground floor and
basement. Many drums at the site were exposed to
freezing conditions and burst and spilled their
contents throughout the building or expanded out of
their bungs. In response to these conditions, EPA
performed a removal action at the site in 1994-95 to
stabilize, secure, and dispose of the hazardous
substances. The removal action and EPA's
associated investigative and enforcement activities to
date have cost in excess of $3.8 million.
CLEAN AIR ACT
Guardian Industries, Inc. (Puerto Rico): Although
initially a prevention of significant deterioration
(PSD) permit appeal, this case also resulted in an
administrative consent order resolving the company's
enforcement liabilities for commencing construction
prior to the effective date of its PSD permit. The
case originated out of a challenge filed by two citizen
petitioners to a PSD permit issued on April 1, 1997,
by the New York State Department of Environmental
Conservation (NYSDEC) to Guardian Industries.
The petitioners argued that the NOX best available
control technology (BACT) determination in the
permit was incorrect. When the matter was brought
to EPA's attention, a further problem was identified:
the permit had been issued without a delayed '
effective date, as required by the PSD rules.
Guardian had started construction as the PSD permit
appeal proceeded before EPA's Environmental
Appeals Board.
Region 2, though not directly a party to the appeal
proceeding, ultimately crafted a settlement among the
parties. The settlement involves a revision of the
PSD permit to impose substantially more restrictive
NOX emissions limits. To achieve these, Guardian
will acquire and install state-of-the-art "3-R"
technology. Guardian also agreed to return to the
State of New York over 100 tons of NOX emission
credits given by the state as an inducement to locate
its new plant in New York. These tons would not be
needed under the revised permit. Finally, in an
August 1997 AOC, Guardian also resolved its
potential enforcement liability with EPA. The
consent order includes a SEP, in which Guardian
agreed to hold 50 tons of unused NOX emission
credits for the life of the plant, thus effectively
"retiring" those credits for 30 to 40 years.
U.S. v. Citgo Asphalt Refining Co. (New Jersey): On
February 10, 1997, a consent decree was entered in
this Region 2 case. This case arose in the context of
EPA's concern over widespread failure by oil
refineries to comply with New Source Performance
Standards (NSPS) emission standards for SO2 and
SO2 monitoring requirements. The Citgo facility in
West Deptford, NJ, was found to have process
heaters subject to those NSPS requirements. EPA
determined that Citgo's process heaters were not in
compliance with the SO2 testing and monitoring
requirements, or with the SO2 emission limitations.
This settlement resulted in a large reduction in SO2
emissions (approximately 125 tons/year). It also
provides for payment of a $1.23 million civil
penalty-one of EPA's largest single-source CAA
penalties.
U.S. v. Phillips Puerto Rico Core, Inc. (Puerto
Rico): On January 10, 1997, a stipulation and final
order was entered against Phillips Puerto Rico Core,
Inc. This was the first enforcement action
nationwide involving the CAA National Emission
Standards for Hazardous Air Pollutants (NESHAP)
for benzene waste operations. The complaint also
cited Phillips for violations of the NESHAP for
equipment leaks of benzene and benzene storage
vessels. Phillips subsequently came into compliance
with these requirements. In addition, between June
July 1998
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1990 and August 1994, various recordkeeping and
reporting violations of the benzene NESHAP were
committed by Phillips at its petrochemical facility
located in Guayama, Puerto Rico. The stipulation
provides for payment of a civil penalty of $473,000.
U.S. v. Puerto Rico Sun Oil Company, Inc. (Puerto
Rico): On June 18, 1997, a consent decree was
entered, resolving this 1996 lawsuit. The complaint
alleged that Puerto Rico Sun Oil (PRSO) violated
CAA NSPS as well as its Commonwealth of Puerto
Rico permit. The commonwealth regulation
requiring such a permit is part of Puerto Rico's
federally-approved State Implementation Plan (SIP).
The settlement included injunctive relief provisions
and provided for the payment of $250,000 in civil
penalties. PRSO agreed not to burn gaseous fuel in
its affected boilers, thus rendering it no longer
subject to the NSPS in question. PRSO further
agreed that if it should recommence burning gaseous
fuel, it will comply with the applicable NSPS rule in
the affected boilers. Finally, PRSO also agreed to
pay interest on the penalty amount that had accrued
since December 30, 1996.
U.S. v. San Juan Cement Co. (Puerto Rico): On
October 17, 1996, a consent decree was entered. The
complaint alleged that the San Juan Cement
Company violated the NSPS governing the operation
of non-metallic mineral processing plants by failing
to conduct timely performance testing of air emission
sources. The complaint also alleged that the
company failed to install a required continuous
opacity monitoring system to measure emissions
from a baghouse at its Portland cement plant. The
consent decree required San Juan Cement to pay
$500,000 in penalties for the violations. In addition,
the decree contains injunctive provisions, which
require the company to complete performance testing
of the equipment at its rock-crushing plant and to
install a continuous monitoring device at the
baghouse.
CLEAN WATER ACT
Atlantic States Legal Foundation, State of New
York v. Onondaga County (New York): On August
21, 1997, an amended consent decree was signed by
the parties resolving long standing CWA citizens
litigation involving the cleanup of Lake Onondaga.
The litigation involved a citizens suit to require that
Onondaga County's Metro POTW meet CWA
requirements and state water quality standards.
Although not formally a party to this litigation, EPA
played a central role in working with the State of
New York to ensure that any plan put forward was
technically sound, cost-effective, and implementable.
The plan, ultimately embodied in a consent decree
signed by the state, the county, and the citizens
group, calls for a 15-year plan for POTW upgrade,
combined sewer overflow (CSO) elimination, and
other measures potentially costing $300-400 million
to ensure that water quality standards ultimately are
met in the lake, which currently is one of the most
polluted lakes in the country. The amended consent
decree also requires the county to pay a cash penalty
of $50,000 to the state and undertake SEPs worth at
least $387,500 to control nonpoint source pollution to
the lake. The region also coordinated with DOJ to
ensure that any consent decree negotiated by the
parties would be acceptable to the U.S. when
presented for review under CWA §505(c)(3).
Desarrolladores del Cibuco, S.E. and Constructora
Dos Bocas, Inc.; Easton, Inc.; Parques
Metropolitanos; and Tajaomar Development,
S.E.(Puerto Rico): In FY97, the region resolved four
CWA §309(g) Class II administrative penalty actions
involving the enforcement of NPDES storm water
permitting. In each case, a construction project
commenced without the necessary authorization
under either a general permit or individual permit.
The cases involved the following respondents:
Tajaomar Development, S.E., where a penalty of
$44,500 was assessed; Desarrolladores del Cibuco,
S.E. and Constructora Dos Bocas, Inc., where a total
penalty of $62,967, including interest, was assessed;
Parques Metropolitanos, where a penalty of $31,500
was assessed; and Easton, Inc., where a penalty of
$51,000 was assessed. In all four cases, the
respondents have certified full compliance with the
General Storm Water Permit requirements.
Puerto Rico Aqueduct and Sewer Authority (PRASA
- Lares) (Puerto Rico): On March 31, 1997, Region
2 issued an administrative penalty complaint under
CWA §309(g) against PRASA for its violation of
effluent limits in the NPDES permit issued for its
Lares sewage treatment plant. The complaint alleges
numerous violations of permit effluent limits for
biochemical oxygen demand (BOD), total suspended
solids (TSS), fecal coliform, and residual chlorine, as
well as instances of improper operation and
maintenance. The complaint seeks a penalty of
$125,000.
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Puerto Rico Aqueduct and Sewer Authority (PRASA
- La Paguera) (Puerto Rico): On April 15, 1997, a
CACO was issued in this CWA §309(g) action
assessing a cash penalty of $10,000 and requiring the
performance of a $30,000 SEP, under which PRASA
will conduct workshops for its industrial users to
better inform them of pretreatment requirements and
ways to comply.
Puerto Rico Aqueduct and Sewer Authority (PRASA
-Arecibo) (Puerto Rico): On August 6, 1997, Region
2 issued an administrative penalty complaint under
CWA §309(g) against PRASA for its violation of
effluent limits in the NPDES permit issued for its
Arecibo sewage treatment plant. The complaint
alleges numerous violations of permit effluent limits
for BOD, TSS, fecal coliform, and residual chlorine,
as well as instances of improper operation and
maintenance. The complaint seeks a penalty of
SI 00,000.
Puerto Rico Aqueduct and Sewer Authority (PRASA
- Loiza); Puerto Rico Aqueduct and Sewer
Authority (PRASA - Gumbo) (Puerto Rico): On
September 29, 1997, CACOs were issued in these
CWA §309(g) cases. The CACOs jointly assessed
$35,000 in cash penalties and require the
performance of a $200,000 SEP. Under the SEP,
PRASA will install telemetry equipment at 20 pump
stations in the San Juan Region. The equipment,
consisting of monitoring devices and remote
computer/radio terminals, will allow PRASA to
monitor the status of equipment at the pump stations
and detect malfunctions in a more timely manner,
reducing the instances of bypasses and discharges of
inadequately treated sewage.
U.S. v. Puerto Rico Administration of Corrections
(PRAC) (Puerto Rico): On March 25, 1997, an
amended consent decree was entered in this case.
Under the amendment, PRAC will cease the
discharge of pollutants from three of its correctional
facilities pursuant to specified schedules. In addition,
PRAC paid $625,000 in penalties resulting from its
violations of a 1992 consent decree entered in this
action. PRAC also will undertake a SEP worth no
less than $600,000 to improve the drinking water
supplies of communities neighboring some of its
facilities. Under the SEP, PRAC has arranged for
PRASA to construct new water lines in these
communities, repair holding facilities, and monitor
the quality of the potable water being supplied to
consumers.
U.S. v. Puerto Rico Aqueduct and Sewer Authority
(PRASA) (Puerto Rico): On April 17, 1997, an
advanced treatment stipulation was entered in this
case. Pursuant to the terms of the stipulation, on May
19, 1997, PRASA submitted payment of $375,000 to
the U.S. Treasury. This amount represents a
complete settlement of uncontested and contested
dollar amounts requested as penalties and not yet
assessed by the court, as identified by the U.S. in its
27 quarterly motions to enforce the 1985 and 1988
orders, filed between July 1989 and March 1996.
During FY97, Region 2 filed three more quarterly
motions to enforce the 1985 court order issued in this
case. In these motions, EPA sought collection of
$83,800 in stipulated penalties for various violations
of the 1985 court order. In addition, in FY97,
PRASA self-assessed and paid to the Treasury
$251,400 for violations of the Pump Station
Stipulation entered in this action in 1995.
U.S. v. Puerto Rico Aqueduct and Sewer Authority
(PRASA) (Puerto Rico): On August 1, 1997, on
behalf of Region 2, DOJ lodged a consent decree,
which settles a case filed in December 1996 against
PRASA, alleging violations of its discharge permit at
its sewage treatment plant in MayagUez, PR. This
facility discharges approximately ten million gallons
per day of sewage, treated only to the primary level,
into MayagUez Bay. 'Under the consent decree,
PRASA will pay $150,000 in civil penalties and
contribute another $400,000 to the MayagUez
Watershed Initiative to identify and address nonpoint
sources of pollution to the MayagUez watershed. The
decree also requires that PRASA construct facilities
necessary to bring its MayagUez Regional
Wastewater Treatment Plant into compliance with its
CWA permit.
The consent decree contains two separate compliance
tracks. The primary track requires that the plant meet
its discharge permit conditions by December 31,
2001. The second track is available to PRASA only
if Congress passes specific legislation which would
allow it to submit an application to EPA for a waiver
from its permit limits, and EPA tentatively approves
the application. EPA previously denied PRASA's
application based on the existing outfall location in
Mayaguez Bay near coral reefs. PRASA intends to
modify its original waiver request by proposing to
install a deep water outfall that would extend its
wastewater discharge beyond the Bay and into the
ocean.
July 1998
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On December 24, 1996, a citizens group,
Mayaguezanos por la Salud e Ambiente, Inc., moved
to intervene in this case. The citizens were
concerned that EPA would give PRASA too much
time to install secondary treatment and that the relief
being sought in the federal action does not address 17
pollutants that are being discharged in excess of the
NPDES permit limits, but will not be affected by
secondary treatment.
U.S. v. Virgin Islands Department of Public Works
(Virgin Islands): During FY97, the Virgin Islands
DPW paid $375,000 in stipulated penalties for
violations of a January 1996 amended consent decree
entered in this Region 2 NPDES enforcement case.
The amended decree set a compliance schedule for
the Virgin Islands to construct improvements at
eleven existing POTWs and construct two new
POTWs. This injunctive relief is expected to cost
between $35 and $40 million. A court monitor was
appointed to oversee compliance with the amended
decree, which had also provided for payment of
$675,000 in stipulated penalties for violations of a
prior court order in this case.
U.S. v. Warner-Lambert (Puerto Rico): On
September 24, 1997, a consent decree was entered in
this civil action. The decree assessed a civil penalty
of $670,000 for violations of the defendant's NPDES
permit at its pharmaceutical manufacturing facility in
Vega Baja, PR. The violations occurred between
November 1992 and May 1995. This civil case was a
parallel proceeding to a criminal case in which a plea
agreement was entered on September 19, 1997, under
which the defendant corporation is to pay a $3
million criminal fine for conduct prior to November
1992.
EPCRA
A. T. Reynolds and Sons, Inc.; Happy Ice LLC;
Long Island Ice and Fuel Corporation; Queensboro
Farm Products, Inc.; and United Food Service, Inc.
(New York): On September 30, 1997, Region 2
issued administrative consent orders to five
companies which entered into sector agreements with
the Agency pursuant to the national EPCRA §312
Food Sector Initiative. The companies are: A.T.
Reynolds and Sons, Inc., Kiamesha Lake, NY;
Happy Ice LLC, Fairport, NY; Long Island Ice and
Fuel Corporation, Riverhead, NY; Queensboro Farm
Products, Inc., Canastota, NY; and United Food
Service, Inc., Albany, NY. Pursuant to this initiative,
companies in the food sector, which were not in
compliance with the requirements of EPCRA
§312, were given the opportunity to come into
compliance and settle their EPCRA §312 liability for
a penalty of $2,000. The respondents have since
come into compliance with these requirements by
submitting their Tier I/Tier II forms, and have each
executed a settlement agreement to pay a $2,000
penalty.
American Cyanamid Company (New York): On
May 30, 1997, Region 2 issued an administrative
CACO to the American Cyanamid Company
resolving this case involving violations of EPCRA.
The complaint alleged 17 failures at the company's
Pearl River, NY, facility to file Form Rs for reporting
years 1990 through 1993. In the settlement, the
company agreed to perform a SEP, in which it would
donate a foam fire truck to the Rockland County,
NY, HazMat Emergency Response Team. Cyanamid
also agreed to pay a'$129,000 civil penalty.
Arma Textile Printers, Inc. (New York): On January
6, 1997, Region 2 issued an administrative CACO in
settlement of a proceeding under EPCRA against
Arma Textile Printers, Inc., of Newburgh, NY.
Arma, a dyer of fabrics, violated the toxic chemical
reporting requirements of EPCRA by failing to
submit Form R reports for ammonia and the non-
aerosol form of hydrochloric acid. In the consent
agreement, Arma agreed to perform a SEP for
pollution prevention, which involves changing its
dyeing process for fabric by eliminating HC1 and
substituting non-toxic water soluble solvents for
ammonia. Based on EPA's PROJECT economic
model, implementation of this SEP is estimated to
cost over $900,000. Arma also agreed to pay a civil
penalty of $11,900.
Astro Electroplating, Inc. (New York): On February
28, 1997, Region 2 issued an administrative CACO
to Astro Electroplating, Inc. In the settlement, Astro
agreed to pay a civil penalty of $10,000 and to spend
over $80,000 on a SEP. Astro will install an
evaporation system in its electroplating process that
will reduce both the volume and the toxicity of
hazardous waste that the respondent presently
disposes of in a landfill. The complaint in the case
alleged violations of EPCRA §311 for failure to
submit material safety data sheets (MSDSs) for
sulfuric acid to the local emergency planning
commission (LEPC), the state emergency response
commission (SERC), and the local fire department.
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In addition, the complaint alleged violations of
EPCRA §312 for failure to submit emergency and
hazardous chemical inventory form (Tier I or Tier II)
for nitric acid to the LEPC, SERC, and the local fire
department for the years 1992 through 1994. Finally,
the complaint alleged violations of EPCRA §313 for
failure to submit Toxic Chemical Release Inventory
forms (Form Rs) to EPA for copper, sulfuric acid,
and nitric acid for the year 1989 and for these same
chemicals plus hydrochloric acid for the years 1990
through 1992.
Austin Productions, Inc. (New York): On January 2,
1997, Region 2 issued an administrative complaint
against Austin Productions, Inc., located in
Holbrook, NY. Austin is the owner and operator of a
facility that is subject to the annual toxic chemical
release reporting requirements under EPCRA §313.
The complaint sought a civil penalty of $119,000 for
Austin's failure to timely submit complete and
accurate Toxic Chemical Release Inventory
Reporting forms for the following chemicals:
toluene, acetone, and methyl ethyl ketone, for
calendar years 1992, 1993, and 1994.
General Electric Company (New York): On June 3,
1997, Region 2 issued an administrative complaint to
the General Electric Company (GE), charging
multiple violations of EPCRA §313, and seeking a
$226,000 penalty. GE operates a major facility in
Waterford, NY, where it manufactures a wide variety
of silicone-based chemicals. The complaint charges
that GE failed to submit required, annual Toxic
Chemical Release Inventory Reporting forms for
dimethyl sulfate and ethylene glycol it manufactured
or otherwise used in the years 1991-1994. The
complaint also charges that annual Toxic Chemical
Release Inventory Reporting forms submitted by the
respondent in 1991-1994 for chlorine and 1,1,1-
trichloroethane contained significant data quality
errors.
The complaint resulted from a multimedia inspection
of the facility by Region 2 the previous year. The
company disclosed certain violations shortly after
notification of the planned inspection arid sought
penalty mitigation under EPA's Self-Policing Policy.
Region 2, with the assistance of the Office of
Enforcement and Compliance Assurance (OECA),
determined that the policy did not apply.
FIFRA
Givaudan-Roure, Inc. (New Jersey): On June 30,
1997, Region 2 issued an administrative complaint
against Givaudan-Roure Corporation, a manufacturer
and exporter of pesticides located in Clifton, NJ. The
complaint proposes a civil penalty of $95,200 for
violations of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). Specifically, the
complaint alleges that on 26 separate occasions
Givaudan-Roure exported misbranded pesticides in
violation of FIFRA,'s requirement that certain
information must appear both in English and in the
official language of the country of import. This is to
ensure that the important safety and health
information on the labels can be understood by the
likely end-users. Givaudan-Roure exported
pesticides bearing English-only labels, and English is
not the official language of any of the countries that
received the pesticides.
Safetec of America, Inc. (New York): On September
30, 1997, Region 2 issued an administrative
complaint proposing to assess a civil penalty of
$230,500 against Safetec of America, Inc. The
complaint alleged that the company violated FIFRA
by selling or distributing pesticide products that were
not registered. These products, which are
antimicrobial pesticides, include Easy Cleans Hard
Surface Wipe Towellettes, Safety Cleanz, Red Z, and
Yellow Z. Unregistered antimicrobial pesticides
were the subject of a national EPA enforcement
initiative in 1996. In addition, the complaint alleged
that Safetec failed to timely submit to EPA an annual
pesticide production report for 1996. Safetec
previously was issued two Stop Sale, Use, or
Removal Orders on November 26, 1996, and January
30, 1997, concerning the Easy Cleans Hard Surface
Wipe. The orders prohibited the respondent from
selling, using, or distributing all quantities of the
unregistered pesticide product. The company
appears to have complied with those orders.
Tifa, Ltd. (New Jersey): On September 30, 1997,
Region 2 issued an administrative complaint against
Tifa, Ltd., citing 34 violations of FIFRA and
assessing a proposed civil penalty of $170,000. Tifa
owns a production and distribution facility located in
Millington, NJ, where it manufactures, repackages,
and relabels industrial organic chemicals, including
various pesticides. On November 21, 1995, and
April 15, 1996, EPA issued a Suspension Order and a
Stop Sale, Use, Or Removal Order, respectively,
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which directed that Tifa could not legally distribute
and/or sell its pesticide products containing the active
ingredient Rotenone. The orders were based on
Tifa's failure to comply with an earlier EPA pesticide
registration data call-in. Inspections were conducted
subsequently at Tifa's facility, revealing violations
including the importation, offering for sale and
distribution, and sale and distribution of suspended
pesticide products; the offering for sale of a
registered pesticide product for a non-registered use;
and the production of pesticides in a non-registered
pesticide producing establishment.
ODBA & MPRSA
Port Authority of New York and New Jersey: On
July 31 and August 7, 1997, Region 2 issued two
administrative penalty complaints under the Marine
Protection Research & Sanctuaries Act (MPRSA)
§105 against the Port Authority of New York and
New Jersey for its violations of a dredge material
disposal permit issued by the U.S. Army Corps of
Engineers. The first complaint alleges that, on four
occasions, the Port Authority disposed of dredge
material at locations other than that specified in its
MPRSA permit. The second complaint alleges that,
on other occasions, the Port Authority disposed of
dredge material at non-permitted locations and that it
failed to report such improper disposal as required.
These complaints seek the assessment of a total of
$125,000 in civil penalties ($50,000 and $75,000,
respectively).
U.S. v. Bergen County Utilities Authority (New
Jersey): On March 21, 1997, a stipulation and order
was entered in this Ocean Dumping Ban Act
(ODBA) case. Under an earlier ODBA consent
decree, the Bergen County Utilities Authority
(ECUA) is to provide 100 percent of its sludge for
beneficial use by composting. However, due to its
routine operational practices, a small percentage of
BCUA's sludge cannot be dewatered adequately to
allow for chemical stabilization and composting, and
must be disposed of as landfill cover. Under the
terms of the stipulation, BCUA will alter its practices
so that all its sludge is available for beneficial use
and will pay a stipulated penalty of $75,000 for its
violations of the consent decree.
RCRA
Autoridad de Tierras de Puerto Rico (Puerto Rico):
On May 28, 1997, Region 2 issued an administrative
complaint to the Autoridad de Tierras de Puerto Rico
(Land Authority of Puerto Rico) for violations of the
underground storage tank (UST) regulations. The
complaint alleges that the Land Authority failed to
provide leak detection for USTs at several of its
facilities and failed to permanently close a tank that
had been temporarily closed for more than 12
months. The six-count complaint seeks a total
penalty of $165,310.
B&B Wood Treating & Processing Co., Inc. (Puerto
Rico): On October 29, 1996, Region 2 won a partial
accelerated decision awarding the Agency a civil
penalty of $220,825 in this administrative case, the
full amount sought in the complaint. This case,
initiated in June 1993, was the first administrative
prosecution against a wood preserving operation for
violations of the then newly effective RCRA wood
preserving rules, 40 CFR 265, Subpart W. It was
part of the Agency's nationwide Illegal Operator
initiative against those facilities that had not advised
EPA of their hazardous waste operations. The court
ruled that the Agency had justified its proposed civil
penalty on the basis of EPA's RCRA Civil Penalty
Policy. The court upheld EPA's decision not to
adjust the gravity-based penalty in light of the
respondent's failure to come forward with any
evidence in support of a possible mitigation of the
penalty. The court also held that a summary
determination as to the penalty amount, rather than
an evidentiary hearing on the record, did not deprive
the respondent of due process.
City of New York Department of Transportation
(New York): On June 6, 1997, Region 2 issued an
administrative CACO to the New York City
Transportation Department's Bureau of Bridges. The
settlement resolves a FY93 case involving the city's
management of lead-containing paint chips generated
during bridge repainting .operations. The complaint
alleged that the city generated and transported these
hazardous paint chip wastes without a RCRA
identification number and without RCRA manifests,
and had stored these wastes without a RCRA permit
or interim status authorization. As a result of this
enforcement action, the city initiated significant new
measures—some extending beyond any existing legal
requirements—to prevent recurrence of the violations
and to improve its management of lead-based paint
removal operations. The city drafted a lead-based
paint removal protocol that will serve as the guide for
lead-based paint removal work at all city-owned
bridges. This protocol includes activities such as air
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and soil monitoring during lead-based paint removal
activities. Implementation of the protocol, which has
become a national model for this kind of work, will
cost the city over $5 million. The settlement also
provides for the city to pay a civil penalty of
S 145,000.
Compafiia Petrolera Caribe (Puerto Rico): On
September 29, 1997, Region 2 issued an
administrative complaint seeking $601,011 in civil
penalties from Compafiia Petrolera Caribe for its
failure to comply with UST leak detection
requirements for 55 USTs it owns at 26 different
facilities. EPA's complaint also includes an order
requiring the company to comply with the UST leak
detection requirements for all USTs it owns. The
company's main office is located in San Sebastian,
PR. Compafiia Petrolera owns a chain of gas
stations, some or all of which are operated by
independent dealers. In May 1996, EPA inspected
one such gas station and found that the company was
in violation of the UST leak detection requirements.
Eastman Kodak Corp. (New York): On February 28,
1997, Region 2 issued an administrative CACO
resolving this case against the Eastman Kodak
Company, which operates a major facility in
Rochester, NY. The region brought the
administrative case in October 1996 for multiple
violations of RCRA requirements at that facility. The
settlement provides that Kodak will pay a civil
penalty of 590,000. The case involved eleven counts
of violations of regulations concerning hazardous
waste and/or Kodak's RCRA Permit. This case
represents a follow-up of a number of matters which
were identified at the time the U.S. brought a major
RCRA civil judicial case against Kodak, which was
settled in 1994 through a consent decree. Under the
consent decree, Kodak at that time paid a civil
penalty of S5 million and is undertaking major SEPs
as well as a concerted improvement program in its
management of hazardous wastes.
Estate Mint, Inc., Ahmad Musaitif, and Estate
Mountain, Inc. (Virgin Islands): On May 20, 1997,
Region 2 issued an administrative complaint against
the above-named respondents, who owned and
operated USTs at two service stations, Estate Mint
Service Station and Hassan's Service Station, in St.
Croix, VI. The complaint seeks a civil penalty of
$ 147,610 against the three respondents for their
failure to comply with a number of UST
requirements, including those pertaining to release
detection, permanent closure of a tank, site
characterization, and submittal of certain reports.
Jamaica Water Supply Company and Dynamic
Painting Corp. (New York): On November 25, 1996,
the respondent was found liable and fined a penalty
of $51,750. Jamaica Water Supply Company is the
owner of a municipal water tower. Repainting
operations at the tower resulted in the wide
dispersion of paint chips containing lead in a
residential neighborhood, which is in violation of
RCRA. Dynamic Painting was the painting
contractor for this job. Violations also included
failure to properly label a drum of lead-contaminated
paint chip waste. The judge found that documents
submitted by the respondent established aprimafacie
case that waste was hazardous and, where the
respondent fails to present any evidence to the
contrary, such evidence suffices to establish liability.
The regulation places the burden on the generator to
determine the nature of the waste. In addition, the
judge rejected the respondent's arguments that EPA
failed to establish that the sampling data constituted a
"representative sample," noting that the respondent
had stated affirmatively that the sample was
representative in response to a RCRA §3007 request
for information from EPA.
New Jersey Transit Corp. (New Jersey): On July 3,
1997, Region 2 issued an administrative CACO to
New Jersey Transit Corporation, Inc., resolving a
case filed in 1995. New Jersey Transit agreed to pay
a civil penalty of $130,000 and perform two SEPs for
a cost of $190,000. In the complaint, EPA alleged
that the respondent failed to properly close numerous
UST systems in accordance with applicable rules;
failed to satisfy the release detection requirements for
USTs and associated piping; and failed to use
required spill and overfill equipment. The two SEPs
involve the removal and disposal of asbestos
insulation—one at a bus garage in Paterson, the other
at Penn Station in Newark, which is a conduit for
80,000 daily commuters. Both of these facilities are
located in areas that raise potential environmental
justice concerns.
Puerto Rico Aqueduct and Sewer Authority
(PRASA) (Puerto Rico): On May 28, 1997, Region 2
issued an administrative complaint against PRASA
alleging UST violations at 19 facilities owned and
operated by the Authority in Puerto Rico. The
complaint seeks a civil penalty of $305,297 for
PRASA's failure to comply with UST requirements,
July 1998
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including those pertaining to release detection and
permanent closure of tanks.
San Juan Cement Company, Inc. (Puerto Rico): On
April 11, 1997, Region 2 issued an administrative
CACO resolving this case. The complaint in the
action alleged that San Juan Cement violated the
RCRA rules governing the burning of hazardous
waste in an industrial furnace, as well as specific
limits in its Certificate of Compliance (which is
equivalent to a permit and authorizes, subject to
restrictions, the burning of hazardous waste in an
industrial furnace). The settlement requires San Juan
Cement to cease burning hazardous waste in its
cement kiln and to close the kiln pursuant to an EPA-
approved closure plan. San Juan Cement agreed to
pay a civil penalty of $77,500 for its violations.
Universal Metal and Ore Company, Inc. (New
York): A motion to dismiss Region 2's
administrative complaint against Universal Metal and
Ore Company, Inc., of Mount Vernon, NY, was
denied on March 14, 1997. The respondent's motion
sought dismissal of the EPA complaint, filed in 1991,
on the basis that nickel-cadmium (NiCd) batteries
held for recycling were not "discarded" and thus not
subject to RCRA. Region 2 issued its complaint
citing Universal for multiple violations of RCRA at
its Westchester County facility and assessing a total
proposed civil penalty of $853,998. (This case was
initiated before EPA issuance of the "Universal
Waste Rule" in 1995 and before passage by Congress
of the Mercury Containing and Rechargeable Battery
Management Act in 1996. The region subsequently
settled this case with Universal in an agreement that
provides for payment by the company of a reduced
penalty of $36,000, which reflects the change in the
law.)
U.S. v. Humberto-Escabi-Trabal, Environmental
Management Services and South West Fuel, Inc
(Puerto Rico): On April 2, 1997, a default judgment
was entered against Environmental Management
Services, Inc. (EMS) in the amount of $50,000;
against Humberto-Escabi-Trabai in the amount of
$2,273,000; and against South West Fuel, Inc. (SWF)
in the amount of $1,413,000. This default judgment
arose from a civil complaint alleging that the Puerto
Rico Sugar Corporation, Escabi-Trabal, SWF, and
EMS violated the RCRA used oil rules. The Sugar
Corporation previously entered into a consent decree
and agreed to pay a civil fine of $250,000 to resolve
its liabilities. The default judgments entered against
SWF and Escabi-Trabal are, to date, the largest
corporate and individual civil judicial penalties that
have been obtained for violating EPA's used oil
requirements.
Sugar Corporation now has constructed the
appropriate secondary containment around its tank
that stored the 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. Escabi-Trabal has cleaned up and has paid
for the removal and disposal of the used oil at EMS.
U.S. v. Mobil Oil Corp. (New York): On September
11, 1997, the judge dismissed Mobil's challenge to a
Region 2 unilateral order and struck three of Mobil's
affirmative defenses. The March 1996 complaint in
this case sought penalties and an injunction against
Mobil's use of two large surface impoundments,
which the government claims Mobil used, after
having lost "interim status," to dispose of benzene in
concentrations sufficient to be labeled a hazard9us
waste. The judge held that there is no pre-
enforcement review of an order issued under RCRA
§3013 and that such orders are not "final agency
action" until EPA initiates enforcement proceedings.
In addition, the judge held that the EPA's
interpretation of what constitutes a "representative
sample" with regard to samples taken at the Mobil
facility was not "plainly erroneous" and, therefore,
gave deference to EPA's interpretation of its own
regulation.
U.S. v. Protection Technica Ecologica, Inc. (Puerto
Rico): On July 14, 1997, the U.S. moved to lodge an
amended consent decree regarding the Proteccion
Technica Ecologica, Inc. (Proteco) facility located in
Peneulas, PR. The amended consent decree was
signed by Proteco, the operator of the facility, and
Compania Ganadera Del Sur, Inc., the owner of the
facility. This amended consent decree resolves
violations of the original decree entered in October
1987 and modifies the injunctive relief required in
light of new regulations and the fact that the facility
is no longer permitted to manage hazardous waste.
The amended decree governs Proteco's closure of the
remaining hazardous waste units at its facility.
Pursuant to the amended decree, Proteco must close,
at its own expense, all existing hazardous waste units
at its facility pursuant to EPA approved closure
plans. Proteco is required to establish, and make
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monthly deposits into, a post closure escrow account
until the estimated cost of post closure is met, thereby
ensuring the funds necessary to implement post
closure. The amended consent decree also requires
Proteco to pay a further civil penalty of $591,111.
The total penalty paid by Proteco under the original
consent decree and this amended consent decree will
be SI.2 million.
The penalty in the amended decree was mitigated in
consideration of Proteco's inability to pay a larger
amount. However, if there is a sale of Proteco's
assets or 50 percent of the corporation's stock within
one year of the date of the public notice of the
proposed closure plan for the facility, Proteco must
pay an additional 5225,671, the amount of penalty
mitigated under the original consent decree.
SDWA
Town of Hempstead (New York): On July 31, 1997,
Region 2 issued an AOC which settles a case filed in
1995 against the Town of Hempstead, alleging
violations of unpermitted discharge into an
underground injection well and endangerment of a
Department of Highways facility. The facility is
located in Roosevelt, NY, an area identified by the
region as both a low income and minority area.
Under the AOC, the town will implement a
compliance/closure plan at the Roosevelt facility, pay
a 55,500 penalty, perform a facility audit, and
provide employee training. In addition, the town has
agreed to inventory and, if appropriate, address all of
its facilities at which there may be Class V injection
wells. Further, the town has agreed to take actions,
such as testing for pesticides and keeping the public
informed of the status of the closure implementation
at the Roosevelt facility, through public meetings.
U.S. v. City of New York (New York): On April 24,
1997, on behalf of EPA Region 2, DOJ filed a
complaint against the City of New York for its
violation of the SDWA Surface Water Treatment
Rule (SWTR) at the city's Croton Water Supply.
The Croton Water Supply is a surface water source
and provides approximately ten percent (150 million
gallons/day) of the city's drinking water to some nine
million people in the city and adjacent Westchester
County. Under the SWTR, the city was required to
provide filtration and disinfection of the supply by
June 1993. In 1992, the city entered into an
administrative "stipulation" with the New York State
Department of Health, which provided that the city
would construct and operate necessary filtration
facilities by 2000. It now is expected that the
construction of necessary facilities will extend well
beyond the year 2000. In this action, the government
is seeking an expeditious schedule for the
construction of the necessary filtration plant, interim
watershed protection measures, and an appropriate
penalty. The State of New York joined the U.S. as a
co-plaintiff in this action.
TSCA
Edgewater Associates, Inc. (New Jersey): On
February 28, 1997, a CACO was signed assessing a
penalty of $45,000. The company failed to notify
EPA of PCB activities; failed to correctly store PCBs;
failed to have an SPCC plan; failed to dispose of
PCBs within a year; and failed to compile and
maintain PCB annual documents and PCB Annual
Reports. As a result of this action, approximately
100,000 gallons of PCB-contaminated fluid were
removed from the site, thereby removing a
substantial threat to the Hudson River.
Glens Falls Cement Co. (New York): On February
13, 1997, Region 2 issued an administrative CACO
in settlement of an action against Glens Falls Cement
Co., Inc. The complaint charged the company with
violations of TSCA at its Glens Falls, NY, facility for
failure to maintain required PCB equipment
inspection and maintenance records and annual
documents; and failure to mark access to PCB
transformers and the transformers themselves. Under
the settlement the company will pay a civil penalty of
$10,000 and will expend a substantial sum on a SEP
involving removal of the four remaining PCB
transformers from its facility.
Kenrich Petrochemicals, Inc. (New Jersey): On June
27, 1997, Region 2 issued an administrative
complaint against Kenrich Petrochemicals, Inc., of
Bayonne, NJ. The complaint alleges that Kenrich
failed to comply with TSCA regulations by failing to
file premanufacturing notices at least 90 days prior to
manufacturing certain chemical substances which did
not appear on the TSCA chemical inventory. The
complaint seeks a penalty of $ 111,500. The
violations were established through an examination
of the company's production records and a review of
the TSCA chemical inventory at EPA Headquarters.
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Lafayette Paper (New York): On May 5, 1997,
Region 2 issued an administrative CACO resolving a
case against Lafayette Paper (a limited partnership),
Fernard Brule, and BMI, USA for failing to mark and
to register transformers with local emergency fire
response personnel. In addition to paying a civil
penalty of $4,000, Lafayette agreed to a SEP under
which it will install a new gas/oil combustion burner
with ancillary equipment to replace an oil-fired
combustion burner which has been used to heat a
70,000 Ib/hr boiler. This SEP will reduce
substantially nitrogen oxides, sulfur dioxide, and
particulate emissions from the facility.
New Jersey Sports and Exposition Authority and
Atlantic City Convention Center Authority (New
Jersey): On January 10, 1997, Region 2 issued a
CACO in settlement of a TSCA administrative
proceeding against the New Jersey Sports and
Exposition Authority and the Atlantic City
Convention Center Authority. The respondents are
the owner and operator of the facility. The complaint
alleged that they failed to take the following actions
with respect to certain PCB-containing equipment:
compile annual documents; conduct quarterly and
annual inspections; register with the fire department;
mark PCB capacitors; and store PCBs for disposal in
an appropriate storage area. Under the settlement,
the respondents removed PCBs from the Convention
Center and will pay a civil penalty of $98,000.
Puerto Rico Department of Education (Puerto
Rico): On October 24, 1996, Region 2 issued a
CACO to the Puerto Rico Department of Education.
The settlement resolves two administrative
complaints issued in 1988 and 1994. In these
complaints EPA alleged that the department had
violated the TSCA PCB regulations with respect to
certain PCB-containing equipment it maintained.
The department had failed to affix the PCB mark
"ML;" mark the means of access; register the PCBs
with the fire department; maintain records of
quarterly inspections and maintenance history;
compile and maintain annual documents; and dispose
of PCBs in a proper manner. Under the settlement
the department agreed to pay a civil penalty of
$15,000. In addition, the department agreed to
perform a SEP valued at more than $95,000. The
SEP consisted of the removal of all the PCB
transformers at the two locations where the violations
occurred, eliminating any potential risk from PCBs at
these facilities.
Rhone Poulenc, Inc. (New Jersey): On August 27,
1997, Region 2 issued an administrative consent
order resolving Rhone Poulenc's legal liability for
certain TSCA violations that occurred at its Dayton,
NJ, manufacturing facility. Rhone Poulenc
voluntarily reported these self-identified violations to
EPA. On several dates, Rhone Poulenc
manufactured two new chemicals that did not appear
on the TSCA Chemical Inventory. While the
company's disclosure did not qualify for a penalty
reduction under EPA's December 1995 "Incentives
for Self-Policing; Discovery, Disclosure, Correction,
and Prevention of Violations" (sometimes referred to
as the "audit policy"), EPA reduced the penalty
assessed against the company under the terms of the
Agency's TSCA §5 Enforcement Response Policy.
A case, which normally would have involved the
issuance of a $300,000 penalty had the Agency
independently discovered the violations, was
resolved with a $60,000 civil penalty.
Sinochem USA, Inc. (New York): On June 30, 1997,
Region 2 issued a complaint against Sinochem USA,
Inc., an importer of chemicals, located in New York
City. The complaint proposes a civil penalty of
$255,000 for violations of TSCA rules. The
complaint alleges that Sinochem failed to file a
Partial Updating of the Inventory Data Base
Production and Site Report (Form U) for each of 17
listed chemicals it imported in its fiscal year ending
August 25, 1994.
Spies Hecker, Inc. (New York): On October 28,
1997, EPA issued an administrative CACO assessing
a $200,000 civil penalty for violations of TSCA
documented at Spies Hecker's Farmingdale, NY,
facility. Spies Hecker is affiliated with Hoechst AG,
based in Frankfurt, Germany. The company failed to
report numerous imported chemicals in the 1994
FormU.
MULTIMEDIA
Franklin-Burlington Plastics, Inc. (New Jersey): On
July 11, 1997, Region 2 issued a consolidated TSCA
and EPCRA CACO, assessing a cash penalty of
$80,000 against Franklin-Burlington Plastics. The
Kearny, NJ, company is a division of Spartech
Corporation, a multi-billion dollar company
headquartered in St. Louis, MO. The settlement
resolves two administrative complaints issued to
Franklin-Burlington Plastics1. The first complaint
alleged failure to submit to EPA, as required by
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EPCRA §313, Form Rs for barium compounds, bis
(2-ethyIhexyl) adipate, bis (2-ethylhexyl) phthalate,
lead compounds, butyl benzyl phthalate, and
antimony compounds for reporting years 1993-1995.
The second complaint cited violations of the TSCA
regulations governing use, storage, and disposal of
PCBs. The two complaints resulted from a
consolidated multimedia inspection of the company's
Kearny facility in April 1996.
Rhein Cltemie Corp. (New Jersey): On June 27,
1997, as part of a multimedia endeavor, an
administrative complaint was filed against Rhein
Chemie Corporation of Trenton, NJ, for its violations
of TSCA. Rhein Chemie, a subsidiary of Bayer AG,
failed to timely file a Notice of Commencement of
importation of a new chemical substance. The
complaint seeks a penalty of $6,000. The TSCA
complaint followed a previous administrative
complaint that was filed on May 27, 1997, regarding
Rhein Chemie's noncompliance with UST
regulations under RCRA. The respondent violated
the UST release detection requirements by failing to
provide a method of release detection for the UST
system located at its facility. The penalty sought in
the UST matter is $15,947.
Tishcon, Inc. (New York): On June 26, 1997, Region
2 issued an administrative complaint proposing that a
penalty of $15,000 be assessed against the Tishcon
Corporation for violations of EPCRA reporting
requirements. The complaint alleges that Tishcon
failed to submit accurate reports of the amounts of
1,1,1-trichloroethane that were released into the air
from its Westbury, NY, facility. The administrative
complaint is part of a multimedia enforcement action
against the company. Other elements of the
multimedia action include administrative complaints
issued under CWA based upon the company's failure
to comply with reporting requirements of EPA's
pretreatment regulations, and a Notice of Violation
(NOV) and administrative compliance order issued
under CAA. The NOV cited Tishcon for installing
air pollution control equipment without first
obtaining a permit from the New York DEC. The
compliance order dealt with a failure to label
products that were manufactured with
chlorofluorocarbons (CFCs).
U.S. v. Puerto Rico Electric Power Authority
(PREPA) (Puerto Rico): On January 10, 1997, on
behalf of the EPA, DOJ lodged a consent decree
against PREPA. The consent decree is meant to
resolve PREPA's alleged violations of CAA, CWA,
UST requirements of RCRA, EPCRA, SPCC
requirements of CWA, and notice provisions of
CERCLA at each of its five major facilities located
across Puerto Rico.
The consent decree requires PREPA to pay $1.5
million in civil penalties, including interest, and
additional expenditures to undertake various
additional environmental projects in the form of a
Land Conservation Acquisition ($3.4 million) and
HazMat Training for the local fire department
($100,000). Also, PREPA is required to spend more
than $1 million on an environmental review
contractor, which is intended to oversee PREPA's
compliance with the consent decree and act as a
clearinghouse to make documentation more readily
available to local communities. In addition to the
above-referenced projects, PREPA is required to
conduct a major overhaul of its compliance programs
in each of the areas where violations were noted.
PREPA estimates that these programs will cost in
excess of $200 million.
U.S. v. Tropical Fruit, S.E. (Puerto Rico): Tropical
Fruit S.E., in Guayanilla, PR, operates a plantation
where it grows mangoes, bananas, and other fruits.
The firm had been applying pesticides using a high
pressure applicator which produces a cloud that
sometimes would drift into the adjacent residential
community, which is composed of minority and low
income residents who sought Region 2 assistance.
Prior to EPA's involvement in this matter, Tropical
Fruit violated an administrative order issued by the
Puerto Rico Department of Agriculture, as well as a
Temporary Restraining Order issued by the Puerto
Rico Commonwealth Court.
On December 20, 1996, Region 2 issued an
administrative order under CERCLA § 106(a) to
Tropical Fruit, S.E., and to the three individual
partners of that company—Avshalom Lubin, Cesar
Otero Acevedo, and Pedro Toledo Gonzalez. The
CERCLA order requires that the respondents
immediately cease and desist from spraying
pesticides, fungicides, and any other materials that
contain hazardous substances in such a manner that
these substances might drift or otherwise migrate
beyond the boundaries of the farm.
The region also issued an administrative complaint
for violations of the Worker Protection Standard
July 1998
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
(WPS) under FIFRA. The complaint cited Tropical
Fruit's failure to post warning signs during and after
application, as well as its failure to maintain a
decontamination area and a central bulletin board
with pesticide safety information.
On March 26, 1997, acting on EPA's behalf, DOJ
filed a complaint against Tropical Fruit seeking an
injunction requiring the firm and its partners to
comply with EPA's CERCLA order and all
applicable FIFRA requirements. Three of the
pesticides routinely used by Tropical Fruits on its
mango trees are not registered for use on mangoes;
their use in this manner is in violation of FIFRA.
The judicial complaint also sought penalties for
violations of the CERCLA order since its issuance.
On March 26, 1997, the court also signed an interim
consent order which requires Tropical Fruit to
modify its pesticide application procedures to prevent
these substances from drifting off of the farm and
into the adjacent residential community. The order
also requires Tropical Fruit to better protect its
workers by providing extensive training, protective
clothing, respirators, and decontamination
equipment. Subsequently, on May 21, 1997, EPA
documented further violations of the CERCLA
administrative order and the judicial interim consent
order. On August 22, 1997, Tropical Fruit paid
$10,000 in stipulated penalties for those violations.
Region 2 also has documented additional FIFRA
violations by Tropical Fruit, which included the
illegal importation of Guitar, an unregistered
pesticide from the Middle East. The region also has
documented violations of the RCRA UST
regulations. Finally, Region 2 documented violations
of CWA §404 and the associated regulations
regarding discharge of dredged or fill materials into
wetlands. EPA anticipates that all these violations
will be the subject of further enforcement action.
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REGION 3
CERCLA
Keystone Sanitation Landfill (Pennsylvania):
Region 3 has moved aggressively to settle the
Superfund liability of more than 700 third- and
fourth-party defendants dragged into the Keystone
Sanitation Landfill CERCLA cost recovery case.
The Keystone litigation and the plight of the third-
and fourth-party defendants have received national
attention during the current debate over Superfund
reform. In the past year, the U.S. has entered into
SI,00 de micromis settlements with 187 parties,
primarily generators of minuscule quantities of
municipal solid waste (e.g., pizza and donut shops,
parks and campgrounds, duplex owners). On
October 22, 1997, the U.S. lodged a $4.25 million
consent decree settling the cleanup liability of 376
other third- and fourth-party defendants.
Palmerton Property Owners (Pennsylvania): On .
April 11, 1997, EPA signed 27 AOCs with residential
property owners in Palmerton, PA. The AOCs
provide that the residential landowners will receive
contribution protection and a covenant not to sue
pursuant to CERCLA in return for granting access to
their properties to EPA and cooperating with EPA in
an ongoing removal action to remove high levels of
lead, cadmium, and zinc from their properties.
U.S, v. Chrysler, the State of Delaware, andKnotts,
Inc. (Delaware): The February 18, 1997, entry of a
consent decree resolved the cost recovery litigation
brought against Chrysler Corporation and Knotts,
Inc., at the Harvey and Knotts Drum Superfund Site
in New Castle County, DE. Chrysler and Knotts,
Inc., the only remaining PRPs at the site, are required
to pay SI .65 million of the U.S.'s past response costs.
This settlement represents approximately 68 percent
of the U.S.'s unreimbursed past response costs,
excluding oversight costs.
U.S, v. Fifce Artel (West Virginia): On July 10, 1997,
the Fike Artel RD/RA consent decree (previously
entered on February 19, 1997) was amended to add
Shell Chemical Company and Shell Oil Company as
the 55th settling defendant in this CERCLA civil
action. Shell, which disposed of trichloropropane
(TCP) waste at the site, will pay $720,000 to be
divided equally between the U.S. and West Virginia.
Shell also is required to pay the settling defendants
who filed the initial contribution action. The amount
of Shell's contribution was filed under seal with the
court, but the consent decree states that Shell's
payment is four times its pro rata share.
U.S. v. Olin Corp. (Virginia): A consent decree
entered on July 29, 1997, settled the CERCLA claim
against Olin for EPA's response costs at two waste
ponds contaminated with mercury from one of Olin's
former chlorine plants. Olin is required to reimburse
the U.S. $379,000 for its past response costs, and
finance and perform remedial work costing an
estimated $75 million dollars. Olin also will
reimburse the U.S. for future response costs.
CLEAN AIR ACT
Allegheny County Department of Aviation
(Pennsylvania): On March 25, 1997, Region 3
ordered the Allegheny County Department to stop
demolition activities at the old Allegheny Airport.
The demolition and salvage operations at the airport
facility resulted in significant disturbance of asbestos
materials, violating CAA NESHAP regulations. The
salvaging and demolition activities were halted, the
facility was cleaned up, existing risks were removed,
and a work plan was developed for the remaining
demolition work at the site.
Koppers Industries (Pennsylvania): On April 14,
1997, EPA ordered Koppers Industries, Inc., to pay a
penalty of $73,550 for CAA violations, which
included failing to perform the daily performance
monitoring of its coke oven batteries.
U.S. v. Camden Iron and Metal (Pennsylvania): The
first judicial action enforcing the CFC "safe disposal"
requirements under CAA was settled in September
1997 with the entry of a consent decree against
Camden Iron and Metal, a scrap metal recycler. The
decree included a $125,000 civil penalty and a SEP
valued at $375,000~the nation's first SEP settlement
in a CFC case. The SEP required the defendant to
establish refrigerant recycling programs in
municipalities. These programs will allow the public
to properly dispose of refrigerated appliances, thus
decreasing the release of ozone depleting chemicals.
July 1998
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U.S. v. Consolidated Rail Corp. (Conrail)
(Pennsylvania): On August 20, 1997, a consent
decree was entered resolving the 1994 enforcement
action against Consolidated Rail Corporation
(Conrail) for Asbestos NESHAP violations at a grain
elevator owned by Conrail in the Port Richmond
section of Philadelphia. The revised consent decree
requires that Conrail pay a civil penalty of $389,100
and complete two SEPs. Conrail will spend
$230,000 to plant 500 trees within the area affected
by the violation and will spend $180,850 to purchase
and install the Operation Respond Emergency
Information System (OREIS) software at the
emergency response centers in Bucks, Chester,
Delaware, and Montgomery Counties.
U.S. v. Waste Resource Energy, Inc., Westinghouse
Electric Corp., and York Resource Energy Systems
(Pennsylvania): On May 8, 1997, a complaint and
consent decree were filed simultaneously against
Waste Resource Energy, Inc., Westinghouse Electric
Corporation, and York Resource Energy Systems for
violations at two municipal solid waste incinerators.
The consent decree requires that the defendants
comply with the emission limits established in their
permits and to pay a civil penalty of $50,000 to the
U.S. and $50,000 to Pennsylvania. The consent
decree also includes several SEPs, including a lead
project to be conducted by Westinghouse in Chester,
PA, an environmental justice (EJ) community with
high blood lead levels in children. Other projects
include purchasing and maintaining a street sweeper
to clear debris and dust from the incinerator access
road; planting trees to provide a sound and visual
barrier to the incinerator; and relocating speed bumps
on the incinerator access road to better control traffic.
CLEAN WATER ACT
U.S. v. Consolidation Coal Company
(Pennsylvania): Region 3 acted to prevent a
catastrophic discharge of acid mine drainage from the
Fairmont Mine Pool into Buffalo Creek and the
Monongahela River. An underground pool of water
eight miles long and 870 feet deep formed in
abandoned mine workings and threatened to
discharge from an unused mine caisson once the pool
reached a certain level. The flow from the pool
would have been approximately 3,000 gallons per
minute and consisted of acid mine drainage and other
pollutants. An outbreak of acid mine drainage of this
magnitude would have caused severe environmental
impacts in the receiving bodies of water, including
the destruction of a large stretch of the Monongahela
River. On December 26, 1996, EPA ordered
Consolidation Coal Company to immediately reduce
the pool level, which the company acted upon. On
June 6, 1997, Region 3 signed a consent order with
Consolidation Coal, which requires the company to
monitor and syphon the mine pool and related seeps.
Consolidation Coal lowered the mine pool to an
elevation where a discharge is no longer imminent.
U.S. v. Erie Coke Corp. (Pennsylvania): The U.S.
sued the City of Erie and Erie Coke Corp., a
significant industrial user (SIU) of Erie's sewer
system. Erie Coke violated national pretreatment
categorical standards for iron and steel and the City
of Erie local pretreatment limits, discharging very
high strength waste to the Erie POTW via the sewer
system. The December 18, 1996, consent decree
requires Erie Coke to pay a $450,000 cash penalty
and to come into compliance by installing
pretreatment technology that consistently meets local
and national discharge limits. This technology
upgrade should be operational in February 1998 at an
initial capital cost in excess of $2 million dollars.
U.S. v. Presque Isle Plating (Pennsylvania): Presque
Isle Plating, another SIU of Erie's sewer system,
violated national pretreatment categorical standards
for electroplating point sources and local
pretreatment limits. The consent decree, entered on
December 18, 1996, requires Presque Isle to pay a
$20,000 cash penalty and certify that: 1) it will no
longer use certain materials that had caused effluent
violations; and 2) it is compliant with all applicable
sampling, analysis, and reporting requirements.
U.S. v. Smithfleld Foods, Inc., Smithfleld Packing,
and Gwaltney of Smithfleld Ltd. (Virginia): EPA
prosecuted Smithfleld Foods, Inc., and two of its
subsidiaries for approximately 6,982 CWA violations
resulting from large quantities of pollutants
discharging into the Pagan River in Virginia. High
phosphorous levels caused the Pagan River to be
closed to shellfish harvesting. Smithfleld's violations
included discharging excessive amounts of
phosphorus; submitting false and inaccurate
discharge monitoring reports; and destroying or
otherwise failing to maintain required records. On
May 30, 1997, the court found Smithfleld liable for
CWA violations of its federal wastewater discharge
permit and ordered Smithfleld to pay $12.6 million in
penalties. The court also held that the U.S. was not
barred from enforcing its federal permit regardless of
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the agreements between the Commonwealth of
Virginia and Smithfield. The $12.6 million judgment
is the highest award resulting from a CWA trial.
EPCRA
Forbes Steel & Wire Corp. (Delaware): Under an
August 26, 1997, consent order resolving EPCRA
§§312 and 313 violations, Forbes Steel & Wire must
pay a 512,250 penalty and complete a SEP at a cost
of 5256,000. The SEP is expected to eliminate •
sulfuric acid use by using a non-polluting mechanical
method.
Williams Metalfinishing (Pennsylvania): Under a
June 18, 1997, consent order resolving EPCRA §313
violations, Williams Metalfinishing must pay an
58,000 penalty and perform a SEP at a cost of
547,500. The SEP, which involves significant
modifications to the facility's degreaser system, is
expected to result in significant reductions of
trichloroethylene (TCE) emissions.
FIFRA
National Chemical Laboratories of PA, Inc.
(Pennsylvania): Settlement was reached between
EPA and National Chemical Laboratories of PA, Inc.,
resolving a case involving the sale and distribution of
numerous misbranded and/or adulterated pesticide
products. The pesticides primarily were sanitizing
agents used in the janitorial industry, and many were
marketed by supplementally registered distributor
companies. The CACO assesses a penalty of
550,000.
RCRA
Colonial Metals and Columbia Reduction
(Pennsylvania): EPA issued a CACO on June 26,
1997, to settle two complaints filed against Colonial
Metals and Columbia Reduction. The facility was a
non-notifier, which was found to be generating a
hazardous waste by producing slag from its metal
recovery process. The facility failed to determine if
the waste was hazardous. The slag failed the toxicity
characteristics leaching procedure (TCLP) for
cadmium and lead. The facility then shipped the
waste unmanifested by an unlicensed transporter to
their Columbia Reduction facility for land disposal.
The CACO required the facility to submit a closure
plan to the Pennsylvania Department of Environment
Protection (PA DEP) for closure of the unauthorized
land-based pile; complete waste determinations on
waste streams produced at the facility; and pay a
penalty in the amount of $80,000.
Lucent Technologies, Inc. (Virginia): In a May 19,
1997, CACO, Lucent Technologies, Inc. (successor
to respondent American Telephone and Telegraph
Company) agreed to pay a $369,000 penalty to
resolve RCRA land disposal, permit, recordkeeping,
planning, and other violations. Lucent also is
required to spend about $85,000 to conduct a pilot
study to evaluate facility wastewater recycling.
SDWA
Cyprus Foote Mineral Company and Walmart
(Pennsylvania): Since 1960, the abandoned Cyprus
Foote facility had been used for lithium processing
and for research and development associated with
battery manufacturing. Based on site inspections and
sampling data, EPA suspected environmental
problems due to historic wastewater management at
the site. After evaluating the available enforcement
options, EPA determined that RCRA §7003 provided
the broad-based authority to require Cyprus and
Walmart (property owner) to conduct a
comprehensive environmental assessment of the
property. A RCRA §7003 order was issued in March
1997, and both Cyprus Foote and Walmart
subsequently have agreed to conduct the assessment.
EPA currently is negotiating the terms of the study
with the two companies.
State College Ford (Pennsylvania): For several
years, this automobile dealership operated two
injection wells that received automotive wastewater
from the service bay floor drains. The drains were
located directly upgradient from several public and
private water supplies. In October 1996, EPA issued
an order to State College Ford, requiring the proper
closure of the two injection wells, quarterly
groundwater monitoring, and payment of a $5,000
penalty. The injection wells subsequently have been
closed, the penalty payment received, and subsequent
monitoring indicates no evidence of dangerous levels
of contaminants in the groundwater.
Virginia Department of Transportation (VDOT)
(Virginia): EPA entered into a consent agreement
requiring VDOT to assess the compliance status of
all their operations and to implement corrective
measures as necessary. VDOT maintenance facilities
contained 32 shallow injection wells in violation of
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the underground injection control (UIC) program
groundwater protection requirements. The shallow
injection wells involved a network of floor drains in
heavy equipment maintenance areas or wash bays,
which discharged a variety of automotive service-
related and cleaning wastes to on-lot septic systems,
seepage pits, or other shallow injection wells.
Corrective measures included sealing floor drains,
alternative wastewater management, removal of
sludge and contaminated soil, and an evaluation of
groundwater impacts.
TSCA
BillAnskis Company, Inc., and the Panther Valley
School District (Pennsylvania): On May 13, 1977,
Region 3 settled an administrative action against Bill
Anskis Company, Inc., and the Panther Valley
School District alleging Asbestos NESHAP and
TSCA Asbestos Hazard Emergency Response Act
(AHERA) violations during renovation work in the
school district. The settlement assessed a total
penalty of $77,000.
Townsend Properties, Inc., and Halethorpe
Extrusions, Inc. (Maryland): On December 27,
1996, EPA signed two CACOS settling a claim
against the respondents for TSCA and PCB
violations. The respondents failed to comply with
PCB storage, labeling, marking, record keeping, and
fire registration requirements and were ordered to
pay a total of $62,500 in civil penalties.
U.S. v. School District of Philadelphia
(Pennsylvania): On June 4, 1997, the U.S.
simultaneously filed a complaint and consent decree
under TSCA against the School District of
Philadelphia for PCB violations. There are 29
transformers located at 12 schools which contain
PCBs or are PCB-contaminated. The consent decree
seeks to compel cleanup and disposal of the PCBs
and requires that the school district comply with the
PCB Rule and implement a PCB Management Plan
which provides for the repair, inspection, cleanup,
and proper disposal of PCB-contaminated materials.
The consent decree also requires the school district to
remove or upgrade all of the PCB transformers
within three years and to submit bi-monthly progress
reports to EPA which will enable EPA to monitor the
school district's cleanup efforts.
MULTIMEDIA
U.S. v. Quaker State (Pennsylvania): A consent
decree was entered on February 11, 1997, settling an
action against Quaker State for RCRA and CAA
violations. Allegations included operating four
surface impoundments without a permit in violation
of RCRA; improperly handling listed hazardous
wastes; violating the asbestos NESHAP; and
releasing excess emissions of hydrogen sulfide into
the air in violation of the SIP. Quaker State was
ordered to pay a $2.9 million civil penalty and to
complete three SEPs. Quaker State also will perform
both RCRA and CAA injunctive relief, including
closure of the storm water and aeration basins, soil
and groundwater sampling, and improvements in the
asbestos removal program, at an estimated cost of
$4-$4.5 million.
U.S. v. Weirton Steel Corp. (West Virginia): On
December 26, 1996, a consent decree was entered for
violations of CAA, RCRA, and CWA. This
multimedia action resulted in a $1.5 million penalty,
$25 million in injunctive relief, and $6.4 million
SEPs. The consent decree requires upgrading the
wastewater treatment system and implementing
procedures to avoid violations of the NPDES permit
and CWA. The SEPs involve installing new air
pollution control technology on the blast furnace and
collecting meteorological data for air quality
planning.
U.S. v. Wheeling-Pittsburgh (West Virginia): A
consent decree was entered on January 2, 1997, to
address a multimedia civil judicial complaint for
CWA and RCRA violations. Wheeling-Pittsburgh
was ordered to pay a $200,000 penalty for spill
violations, provide necessary relief to address spills,
and implement spills management.
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REGION 4
CERCLA
Aberdeen Pesticide Dumps Site (North Carolina):
On September 30, 1997, Region 4 issued a CERCLA
§106 RD/RA UAO to Novartis Crop Protection, Inc.,
and Olin Corporation. Region 4 selected the interim
remedy, which consists of the extraction and
treatment of contaminated groundwater from the
surficial aquifer, in an ROD dated September 16,
1997. The purpose of the interim remedy is to begin
reducing the migration of contaminants down
gradient and into lower aquifers. Under the UAO,
the interim remedy will be implemented while the
respondents finalize the feasibility study (under a
separate AOC), and EPA selects a final remedy.
Agrico Chemical Co. Site (Florida): On March 10,
1997, an amendment to the existing consent decree
for remedial action (RA) between the U.S. and
Agrico Chemical Company, a division of Freeport-
McMoRan Resource Partners Limited Partnership
(Agrico), and Conoco, Inc., was entered. Agrico and
Conoco agreed to perform the RA for OU-1 (source
control) under the existing consent decree. Under the
amendment, these parties agreed to perform the
RD/RA and operation and maintenance for OU-2
(groundwater) and to pay all past and future response
costs. The remedy involves solidification/
stabilization of contaminated soils, capping, a slurry
wall, and natural attenuation of groundwater, along
with monitoring and institutional controls. The
estimated cost of the remedy for OU-2 is $1.7
million. This amount is in addition to the estimated
S10.7 million cost of the remedy for OU-1. In
addition to future oversight costs, the settling parties
agreed to pay a total of $774,030 for EPA's past
response costs.
Ashepoo Phosphate and Fertilizer Works (South
Carolina): On September 30, 1997, Region 4 signed
an AOC with Conoco and Freeport McMoRan, Inc.,
for an Engineering Evaluation/Cost Analysis
(EE/CA) for a non-time critical removal at the former
Ashepoo Fertilizer and Phosphate Works in
Charleston, SC. Under this order, Conoco and
Freeport McMoRan will perform an investigation to
determine the extent of contamination at the former
fertilizer plant. The Ashepoo Site consists of about
20 acres on three parcels in the "Neck" area of
Charleston. Phosphate fertilizer manufacturing
began on the property in 1872 and continued until the
mid-1970s. High levels of lead and strongly acidic
groundwater in the area are believed to be associated
with the fertilizer manufacturing process.
Beaunit Circular Knit & Dyeing Superfund Site
(South Carolina): On December 18, 1996, the
consent decree for RD/RA at the Beaunit Circular
Knit & Dyeing Superfund Site, Fountain Inn, SC,
was entered. Five PRPs, former and current
owner/operators, executed the consent decree, which
provides for recovery of 100 percent of past and
future costs. The site consists of an abandoned
wastewater treatment area and lagoon. EPA placed
the site on the NPL in February 1990 due to soil,
sediment, and groundwater contamination. Five
PRPs completed an RI/FS for the site in September
1994. On November 7, 1994, EPA issued the
proposed plan and announced the following remedy:
natural attenuation of groundwater; grading, drainage
control and capping of the surface soils; monitoring
of groundwater, surface water, and associated
sediments; and land use and deed restrictions.
Bessemer Drum Site (Alabama): On February 18,
1997, a CERCLA §107 Cost Recovery consent
decree was entered in connection with the Bessemer
Drum Site in Bessemer, AL. The consent decree
provides for payment to the U.S. of $400,000 out of
the $500,000 in response costs that had been incurred
by EPA at the site. A large number of drums and
other containers of various hazardous substances,
many of them highly flammable, were discovered in
a warehouse in Bessemer, AL. The materials were
abandoned in the poorly ventilated warehouse,
posing a high risk of fire or explosion. Some of the
drums had been leaking, and were stacked and stored
improperly.
Chem-4Site (Alabama): On July 21, 1997, a
settlement was approved relating to a proof of claim
filed by the U.S. in the Wesley Industries Chapter 7
bankruptcy case for approximately $750,000 in
response costs incurred by EPA at the Chem-4 site.
Wesley was an owner/operator of the site. Under the
terms of the settlement, Region 4's claim is allowed
in full with $50,000 to be given administrative
priority status.
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Chevron Chemical Company Site (Florida): On July
22, 1997, the acting director for the Waste
Management Division signed a UAO for RD/RA,
operation and maintenance, and performance
monitoring work at the company's 4.39 acre former
pesticide formulation/blending facility. Between
1978 and 1994, Central Florida Mack Truck
Company owned and operated the site as a truck
servicing facility. Investigations of the site
conducted during the 1980s and 1990s by Chevron,
its consultants, and Region 4 disclosed on-site soil
and groundwater contamination involving pesticides,
organics, and metals at highly elevated levels.
Pursuant to an AOC executed on May 15, 1990, and
a removal action conducted during 1991 and 1992,
Chevron removed site structures, remediated
groundwater, and removed a large volume of non-
hazardous and hazardous soils off-site and replaced
them with clean fill material. The main components
of the remedy selected in the ROD prepared during
1993-1995 to address groundwater contamination
include: natural attenuation, groundwater monitoring,
and a contingency plan that includes the installation
of a subsurface filter wall if natural attenuation is
unsuccessful. Air stripping, hydraulic gradient
control, or additional source removal will be
implemented if necessary.
Ciba-Geigy Corp. (Alabama); On October 11, 1996,
the consent decree for RD/RA at OU-3 was entered.
The Superfund site has been divided into four
operable units. The OU-3 addresses wetland areas.
Consent decrees for RD/RA for Operable Units 1, 2,
and 4 already have been entered with the court.
Instead of issuing four separate bills to recover EPA
response costs, the four consent decrees provide for
recovery of costs by sending one bill to Ciba-Geigy.
OU-3 is the final Superfund OU to be addressed at
this site.
Davie Landfill Superfund Site (Florida): On
January 6, 1997, a CERCLA §107 consent decree
was entered, settling the case of U.S. v. Broward
County, FL. Pursuant to the terms of the consent
decree, the U.S. has recovered $66,368 in past
response costs incurred at the site. Further, the U.S.
will recover future remedial and oversight costs at the
site subject to the following caps: $65,000 for FY95
and $25,000 for FY96 and subsequent years.
The site was used as a disposal for sludge from a
municipal wastewater treatment plant and other
wastes. On September 8, 1983, the site was placed
on the NPL due to concerns regarding groundwater
contamination. High levels of cyanides and sulfides
were found in the sludge lagoon and benzene and
vinyl chloride were found in the groundwater. Two
RODs have been issued at this site. The ROD issued
on September 30, 1985, required remediation of the
sludge lagoon portion of the site (OU-1). The ROD
issued on August 11, 1994, required remediation of
the groundwater portion of the site (OU-2). A UAO
for implementation of this remedy was entered on
October 5, 1994; Broward County has been
complying with this order.
General Electric (GE)/Shepherd Farm (North
Carolina): On December 2, 1996, a consent decree
for RD/RA and past response costs was entered
between the U.S. and GE. The agreement includes
the commitment by GE to pay $1,028,776 in past
response costs and conduct the RD/RA set out in the
ROD signed on September 29, 1995. An early draft
of the orphan share policy, part of EPA's Superfund
administrative reforms, was utilized to reduce the
past cost amount by $204,250 based on the orphan
status of an owner/operator. The site consists of two
non-contiguous parcels with contaminants such as
PCBs, heavy metals, and volatile organic
compounds. The response action will involve
excavation and capping of contaminated soil areas
and groundwater treatment.
Harris Corp. Site (Florida); On January 27, 1997, a
consent decree was entered between the U.S. and
Harris Corporation regarding contaminated
groundwater. The consent decree settled
enforcement activity on the final OU-2 of the Harris
Corporation/Palm Bay Facility, CERCLA Superfund
Site, Palm Bay, Brevard County, FL. Harris
manufactures electronic devices and components,
and communication and information processing
equipment on the site. The consent decree provides
for the payment of $112,000 for past costs incurred
by the U.S. at the site. Harris Corporation will fully
pay most future costs, but Harris's obligation to pay
certain specific future costs associated with oversight
of the work will be limited to a total of $200,000.
The conclusion of this operable unit will end regional
involvement at this site, which began in 1981.
Helena Chemical Company (Florida): On December
10, 1996, Region 4 issued a CERCLA §106(a) UAO
for RD/RA to the Helena Chemical Company.
Helena was involved in formulating pesticides,
herbicides, fungicides, and other chemical products
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at the site. From 1988 thru 1990, the region
investigated the site and found pesticide
contamination in soil, sediments, and the surficial
groundwater aquifer. Under the RD/RA plan, Helena
is to include plans and schedules for implementation
of all remedial design and pre-design tasks identified
in the Statement Of Work (SOW). The
administrative order directs Helena to perform
bioremediation of surface soils and extraction,
treatment, and disposal of surficial groundwater to
remediate the site. The remedy is estimated to cost
$2.5 million.
Hinson Superfund Site (South Carolina): On
September 30, 1997, a consent decree was entered
and signed by W.R. Grace and Company and Collins
Aikman for the recovery of $350,000 in past costs at
the Hinson Chemical Superfund Site. This is the
second and final settlement in this past cost recovery
action. The first settlement was embodied in a
consent decree that was entered in September 1996.
In total, EPA has recovered approximately $1.6
million dollars in past costs. All the settling
defendants are generators that contributed hazardous
waste to the site.
The site was a former recycling and storage facility
during the mid-1970s. In November 1988, Region 4
excavated and disposed of over 200 burned drums.
Composite samples from the excavated drums
revealed contamination from paint waste and
numerous volatiles, including benzene, toluene, and
tetrachloroethylene. Based on these findings, Region
4 selected and installed a vapor extraction system to
remove the contamination from the soil. The system
operated for approximately two years.
Interstate Lead Company (ILCO) Site (Alabama):
On April 22, 1997, the U.S. entered a consent decree
for RD/RA for the Interstate Lead Company (ILCO)
site in Leeds, AL. Under the terms of the consent
decree, 20 settling defendants, who are collectively
responsible for approximately 6 percent of the total
waste at the site, will conduct RD/RA for the entire
site (including all seven satellite sites); will reimburse
the U.S. for $1,823,644 of $16,683,773 in past
response costs; and will reimburse the U.S. for future
oversight costs related to the consent decree in excess
of $300,000. The estimated cost of implementing the
selected remedy is $59,440,500. The region, with
Headquarters concurrence, has agreed to compensate
the settling defendants by giving them a credit of
$14,860,125 against outstanding past costs, which
represents 25 percent of the estimated future cleanup
costs. The settling defendants have agreed to pay the
balance of outstanding past costs ($1,823,648)
incurred in connection with the site. Proceeds from
de minimis settlements will be split 50-50 between
EPA and the settling defendants, with EPA's share to
be applied against outstanding past costs. The
consent decree also provides that additional PRPs
may join the settlement for a limited period of time.
Lee's Lane Landfill (Kentucky): On March 24,
1997, a CERCLA §107 consent decree was entered
for response costs whereby the remaining nonsettling
defendants, Ben B. Hardy, J H Realty, and the
Hofgesang Foundation, Inc., have agreed to
reimburse the U.S. $2,654,634 for costs incurred in
conducting a response action completed in 1987.
The U.S. already entered into settlements with other
parties in connection with the site several years ago.
Pursuant to the settlements, which were embodied in
two consent decrees, the other parties have
reimbursed the U.S. a total of $3,101,230 for costs
incurred during the response action. To satisfy the
judgment, the Foundation shall pay the U.S. 90
percent of the net liquidated value of the assets of the
Foundation as set forth in the consent decree.
Olin Corp. (Alabama): On June 3, 1997, a CERCLA
§§106 and 107 consent decree was entered for OU-1.
The U.S. had appealed the lower court's decision to
reject the proposed settlement part and parcel with
the court's dismissal of the U.S.'s complaint "with
prejudice." In the Olin decision, the Eleventh Circuit
Court of Appeals held that, as applied, CERCLA
constituted a permissible exercise of congressional
authority, and that congressional intent favored a
retroactive application of CERCLA's cleanup and
liability provisions.
Paramour Fertilizer Site (Georgia): On September
30, 1997, Region 4 entered into a cost recovery
agreement for reimbursement of $788,447 of
approximately $1.5 million of removal response costs
incurred by the region at the Paramour Fertilizer
Superfund Site in Tifton, GA, from two PRPs who
arranged for the disposal of waste nitric acid at the
site. The amount recovered represents the full
amount allocated by the region for cleanup of the
nitric acid at the site.
Rutledge Property Superfund Site (South Carolina):
On March 12, 1997, Region 4 approved a prospective
purchaser agreement between the region and Cherry
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FY1997 Enforcement and Compliance Assurance Accomplishments Report
Street Associates. The agreement will allow the
purchase and development of a portion of the
Rutledge Property Superfund Site in Rock Hill, SC,
without incurring liability under CERCLA. Rock
Hill Chemical Company operated a solvent recovery
facility at the Rutledge Property site from 1960 to
1965. Operations ceased in 1965 when a fire
destroyed the facility. A portion of this property
subsequently was purchased by First Federal Savings
Bank in 1972. First Federal discovered distillation
still bottoms, metal drums, and other hazardous
substances buried beneath a portion of the property.
First Federal conducted a removal action on its
property which was completed in November 1986.
In December 1993, the region entered into an AOC
with First Union, successor in interest to First
Federal. First Union paid EPA $150,000 as part of
that settlement. This prospective purchaser
agreement will allow the sale and development of the
property that was the subject of that settlement.
Taylor Road Landfill Site (Florida): Region 4
entered into the second of two successive AOCs with
54.9 percent of the 71 PRPs determined to be eligible
for de minimis settlement at this site for an aggregate
recovery of $343,634 of the total response costs
anticipated to be incurred at the site. In keeping with
the Agency's de micromis policy as well as its de
minimis policy, the region determined that each of
these PRPs sent less than 1 percent, but more than
0.02 percent, of the waste identified as containing
hazardous substances that was land-filled at the site.
Hillsborough County's Taylor Road Landfill opened
in 1976 and closed in March 1980 when it was filled
to capacity. In October 1983, the site became one of
the first to be listed on the NPL. A RCRA consent
decree has been negotiated with all the non-de
minimis PRPs.
T. H. Agriculture and Nutrition Site (Georgia): On
May 2, 1997, Region 4 referred a CERCLA RD/RA
consent decree to DOJ for lodging and entry in
connection with OU-2 of the T.H. Agriculture and
Nutrition Site in Albany, GA. The consent decree
has been signed by four PRPs, including Air Products
and Chemicals, Inc., Boise Cascade Corporation, and
Gold Kist, Inc. (the successors to three former
owner/operators of an agricultural chemical plant at
the site). The consent decree also has been signed by
current owner Larry Jones, who operates a welding
supply store at the site. The consent decree provides
for Air Products, Boise Cascade, and Gold Kist to
conduct the RD/RA and pay EPA's oversight costs in
overseeing implementation of the RD/RA. The
consent decree also requires Larry Jones to provide
access and implement institutional controls required
under the ROD. The remedy for OU-2, estimated to
cost $2.5 million, is to excavate and treat soils which
are contaminated above cleanup levels identified in
the ROD. Contaminated groundwater at the site and
contaminated soil at an adjacent parcel at the site are
addressed under OU-1, pursuant to a UAO issued to
PRPs connected with the adjacent property.
TownsendSaw Chain Company Site (South
Carolina): On April 14,1997, a UAO for RD/RA
was issued to Textron, Inc., for the Townsend Saw
Chain Site. An interim remedial action UAO was
issued in May 1994. The order requires the
reimbursement of all response costs. The site was
used most recently for the manufacturing and
assembly of saw chains with wastewater and other
hazardous substances used and disposed of onsite.
Wastes included chromium, cadmium, cyanide,.
nitrite and nitrite salts, and volatile organic
compounds (VOCs). In addition to site monitoring,
the final remedy includes continued operation of a
five well pump-and-treat system, as well as the use of
an innovative, emerging technology (in situ
chromium reduction) for permanently treating
chromium-bearing soils and groundwater onsite.
CLEAN AIR ACT
E.L Du Pont de Nemours and Company
(Kentucky): On September 2, 1997, the U.S. filed a
civil action against E.I. Du Pont de Nemours and
Company (DuPont) for its viplation of CAA §112(r)
and for its related violations of the reporting
requirements of CERCLA and EPCRA. The
violations arose out of a catastrophic release of oleum
(fuming sulfuric acid) at DuPont's sulfuric acid
production plant near Wurtland, KY, which resulted
in the evacuation of the surrounding community,
personal injuries, and property damage. Region 4
contends that DuPont violated the general duty clause
(GDC) by using wholly inappropriate piping material
(cast iron) for oleum service.
The complaint seeks penalties of $25,000 for each
day of each violation and represents the Agency's
first judicial enforcement action for violations of
CAA's GDC. The GDC requires owners and
operators of stationary sources producing,
processing, handling, or storing hazardous substances
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to design and maintain a safe facility. The GDC was
enacted as part of CAA Amendments of 1990 and is
an important measure designed to prevent and
mitigate the consequences to the public of potentially
catastrophic releases of harmful chemicals into the
air.
NHP Management Company (Florida): Region 4
has referred a civil judicial enforcement action to
DOJ on NHP Management Company, Inc. (NHP),
the second largest multi-family apartment property
management company in the U.S., for violations of
CAA §608. Section 608 regulates the use and
disposal of CFCs and hydrochlorofluorocarbons
(HCFCs). Section 114 information request letters
and responses revealed violations of CFC regulations
concerning the maintenance and repair of air
conditioners. The violations included: failure to use
a certified technician for service or repair; failure to
use recovery equipment when performing major
repairs; and failure to inform a refrigerant supplier of
change of employment status of a certified
technician.
Powell Duffryn Terminals (Georgia): Region 4 has
referred a civil judicial enforcement action to DOJ
against Powell Duffryn Terminals, Inc., for violations
of the GDC under CAA §112(r). An industrial fire at
the Savannah, GA, facility released sodium hydrogen
sulfide gas, causing the evacuation of citizens from
their homes. The release was the result of several
factors, including the improper storage of sodium
bisulfide, inadequate design of vapor recovery
systems for several turpentine tanks, and a faulty fire
protection system. This case has national/regional
significance as well as precedential nature because
the basis of the enforcement action is CAA §112(r).
CLEAN WATER ACT
Anderson Columbia, Inc. (Florida): Region 4 issued
its first administrative penalty order (APO) for
violations of a Multi-Sector Storm Water General
Permit on August 26, 1997. The APO cited the
facility in Baghdad, FL, for unpermitted discharges;
failing to comply with conditions of the Storm Water
Pollution Prevention Plan in the NPDES permit; and
failing to comply with monitoring requirements of
the storm water NPDES permit.
Crook Creek Farms, Inc., City ofDestin, and the
Niceville, Valparaiso, Okaloosa County Regional
Sewer Board, Inc. (NVOCRSB) (Florida): As a
result of a citizen complaint, APOs were issued to
Cook Creek Farms, Inc., a land application site
operating company, and two of the municipalities
that haul their biosolids (the City ofDestin and the
NVOCRSB) to the land application site for disposal.
Each facility was cited for a variety of 40 CFR 503
violations, including vector/pathogen attraction
violations, operational standards, and record keeping.
Penalties assessed ranged from $6,000-816,466.
Wagner Creek Watershed (Florida): The Miami
River Coordinating Committee was formed by the
Governor of Florida for the purpose of improving the
water quality of the Miami River. As a part of the
committee, the Storm Water Subcommittee, of which
Region 4 is a part, was formed to concentrate on
contamination in the Wagner Creek watershed since
Wagner Creek is one of Florida's most polluted
creeks. In conjunction with other members of the
Subcommittee, 87 storm water inspections were
conducted during the week of April 21, 1997, at
metal recyclers along the Miami River, the "produce
area" of the upper Wagner Creek watershed, and sub-
basin No. 5 of upper Wagner Creek. As a result, 17
APOs were issued primarily to pallet companies and
metal recyclers along the Miami River. The APOs
cited illegal discharges without an NPDES storm
water permit. All 17 APOs were issued on
September 10, 1997, and assessed penalties ranging
from $4,000-$56,665.
EPCRA
State Industries (Tennessee): Region 4 settled a
multi-violation case with State Industries, a
manufacturer of water heaters located near Nashville,
TN. After gaining knowledge of a sulfuric acid spill,
Region 4 inspected the facility. Once a series of
show-cause meetings was held with State Industries,
the region filed an administrative complaint in this
matter alleging 62 counts of violations of EPCRA
§§311, 312, and 313 and one count of violations of
CERCLA § 103, with a proposed penalty of
$701,556. The case was settled with a reduced
penalty and a SEP involving the purchase of over
$300,000 of emergency response equipment for the
local area.
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RCRA
Eagle Aviation (South Carolina): A complaint and
compliance order was filed on September 30, 1997,
citing Eagle Aviation, located in West Columbia, SC,
for violations of RCRA. Among other violations,
Eagle Aviation was treating and storing hazardous
waste in tanks without a permit or interim status.
Eagle Aviation is ordered to pay a civil penalty of
$380,050 for the violations and is required to submit
a closure plan for the tanks utilized for the treatment
and storage of hazardous waste. Additionally, Eagle
Aviation is required to submit a waste determination
for the air filter waste stream; a plan for the
implementation and maintenance of areas where
hazardous waste is managed, containerized, and
stored; and a plan for the implementation of a
hazardous waste management training program for
facility personnel.
Exxon Company USA, Allied Terminals, Inc.
(South Carolina): The first RCRA voluntary
agreement to study the extent of contamination at a
facility was signed in September 1997 between
Exxon Company USA, Allied Terminals, Inc., EPA,
and the South Carolina Department of Health and
Environmental Control (SCDHEC). Allied
Terminals, the current owner of the facility in
Charleston, SC, and Exxon, the former owner, have
agreed to study the extent of contamination at the site
and perform corrective action, if necessary. This
facility began operations in the late 1800's as a fuel
storage facility, was modified to a serve as a
petroleum refinery, and currently operates as a bulk
petroleum distribution terminal and asphalt plant. It
is believed that leaded gasoline storage tank bottoms
and asphalt were stored/disposed of at the facility
prior to the effective date of RCRA. This effort was
undertaken to maximize the available resources as
part of the Charleston/North Charleston Community
Based Environmental Program (CBEP).
Leading Edge Aircraft Painting, Inc. (Mississippi):
Region 4 filed a complaint and compliance order on
September 27, 1997, against Leading Edge Aircraft
Painting, Inc., of Greenville, MS, with a proposed
civil penalty of $128,810. The region alleged that
Leading Edge was operating a storage facility
without a permit; failed to make a hazardous waste
determination on numerous containers; failed to keep
containers closed; failed to mark a date of
accumulation on containers; failed to maintain the
facility to minimize any unplanned releases of
hazardous waste; and accumulated in excess of 55-
gallons of hazardous waste for a satellite
accumulation area. The compliant requires Leading
Edge to make hazardous waste determinations of its
waste streams, and submit relevant plans and permit
applications.
LWD, Inc. (Kentucky): In February 1997, the region
issued a RCRA §3013 Order to LWD Inc., in Calvert
City, KY. This facility is an unpermitted,
commercial incinerator of hazardous waste. In
conjunction with the permitting process, Region 4
and the Commonwealth of Kentucky requested that
the facility submit a trial burn plan, which when
implemented would support a site-specific risk
assessment. The site-specific risk assessment will be
used to define the emission limits to be implemented
in the permit. This approach is consistent with
EPA's Hazardous Waste Combustion Strategy. Prior
to issuance of the order, LWD failed to submit a
requested trial burn plan. The order required LWD
to submit and implement an EPA-approved trial burn
plan, which now has been submitted and currently is
under review by the region.
Safety-Kleen Corp. (Kentucky): Region 4 and
Safety-Kleen Corporation entered into a CACO with
a civil penalty of $62,650. The original complaint,
filed on September 30, 1996, cited the Kentucky
Safety-Kleen facility for violations of RCRA.
Specifically, Safety-Kleen was operating three
hazardous waste treatment units without a permit.
These units were overlooked in previous inspections
by the state and were not discovered until 1995
during an EPA-Kentucky inspection. This settlement
was very important to the national RCRA program
because it solidified the controversial issue of
defining treatment of hazardous waste. With this
CACO, Region 4 has provided the legal support for
definition of treatment as cited in the RCRA
regulations.
Somerset Refinery, Inc. (Kentucky): On July 28,
1997, DOJ filed a consent decree against Somerset
Refinery, Inc. (Somerset) in Somerset, KY. With
regard to RCRA Subtitle C, Region 4 claimed that
Somerset operated three hazardous waste
management units without a permit or interim status.
In addition, Region 4 asserted that the facility was
subject to RCRA §3008(h). In the consent decree,
Somerset agreed to pay a penalty of $200,000 and to
perform a SEP by removing 50 abandoned USTs
from "Mom and Pop" owned gasoline stations. Also,
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the consent decree requires Somerset to close the
RCRA regulated units pursuant to approved closure
plans, implement a groundwater monitoring program,
and conduct any corrective action needed at the site.
Southland Oil Company (Mississippi): Consent
agreements were filed on May 22, 1997, for two
RCRA administrative cases involving the illegal
disposal of hazardous waste at two Southland
refineries in Mississippi. Southland Oil Company
illegally disposed of hazardous waste in surface
impoundments at its Lumberton and Sandersville
facilities. Southland was ordered to pay a combined
civil penalty of $338,300 for the violations at the two
facilities ($169,150 per facility), and is required to
close the impoundments pursuant to RCRA.
TSCA
Southern Water Treatment, Inc. (South Carolina):
A TSCA civil complaint for Southern Water
Treatment, Inc., was filed on September 30, 1997.
The complaint alleges violations of the
premanufacturing notice and inventory update rule
requirements. Consistent with the §5/8 Enforcement
Response Policy, the total penalty listed in the
complaint is $1,207,000. However, based on
financial information and use of the Ability to Pay
model, the proposed penalty was adjusted in the
complaint to $20,000.
MULTIMEDIA
Trinity American Corp. (North Carolina): The
Trinity American Corporation, located in High Point,
NC, is a foam manufacturing facility for the furniture
industry. Region 4 issued an emergency
administrative order under SDWA § 1431 to the
facility on July 1, 1997. The order was issued to the
facility for contamination of groundwater causing
contamination of private drinking water wells in the
area near the facility. The order requires the
sampling of all private drinking water wells within a
3/4 mile radius south and west of the facility
properly. Trinity has filed for a stay of the order with
the Fourth Circuit Court of Appeals. Trinity did
agree to provide bottled water to a family whose well
showed contamination above the MCL for one
regulated contaminant. The first round of quarterly
sampling of private drinking water wells is scheduled
to begin on November 17, 1997.
In addition, in accordance with the CAA §303,
Region 4 issued an Imminent and Substantial
Endangerment Administrative Order on October 3,
1997, to prohibit manufacturing operations at Trinity
until EPA could determine that continued operations
would not present an imminent and substantial
endangerment to the health and welfare of nearby
residents. Trinity American Corporation owns and
operates Trinity Foam, which is located in the
Glenola Community of Randolph County. Trinity
Fibers of Carolina, Inc., owns and operates the fiber
pad manufacturing plant adjacent to the foam plant.
The manufacturing process at both facilities has
resulted in the release of hazardous air pollutants and
toxic and extremely hazardous substances including
toluene diisocyanate, methylene chloride,
acrylamide, formaldehyde, benzene, and other
unknown VOCs and particulate matter (PM).
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REGION 5
CERCLA
Arcanum Iron and Metal Site (Ohio): The Arcanum
Iron and Metal Site located in Arcanum, OH,
functioned primarily as a battery breaking and lead
extraction facility. An ROD was issued at a cost of
approximately $19 million dollars. An ROD
amendment, finalized on June 18, 1997, was
implemented pursuant to Superfund Administrative
Reforms and significantly reduced the estimated
cleanup costs at the site to approximately $5.8
million.
Under another Superfund administrative reform, EPA
offered a reduction of past costs and future oversight
through an orphan share reduction of $1.6 million.
Several PRPs at the site are insolvent or defunct, and
hence provided site eligibility for this Superfund
administrative reform. Negotiations should conclude
shortly and have been enhanced by the availability of
the orphan share compensation.
Circle Smelting Corp. Site (Illinois): EPA conducted
one of the first EE/CA under the Superfund
Accelerated Cleanup Model (SACM) program in
Region 5 at the Circle Smelting Corporation Site
located in Beckemeyer, IL. The EE/CA evaluated
non-time critical removal approaches to address lead
contaminated smelter waste materials for fast-track
implementation. Historical practices at the site
resulted in transport of the contaminated slag
materials from the site to community areas for road
and sidewalk bases and fill for construction activities.
Slag also was transported offsite into nearby streams
and wetlands.
Pursuant to an AOC, the PRP has agreed to conduct
approximately $11 million of removal activities and
to pay past costs and future EPA oversight costs.
The site cleanup objectives include the identification
and removal of soils and sediments with lead
concentrations above the respective action levels
from the residential areas, drainage ways and pond
bottom areas, and the consolidation of excavated
materials under a protective cap. In addition, the
work performed under the AOC will provided for
future redevelopment of an area of the site, furthering
the goals of the Brownfields Initiative.
Union Carbide Marietta Site (Ohio): Region 5
approved the Union Carbide Marietta Plant Site
Action Plan in November 1997. Originally
scheduled for a seven-year cleanup time line, the site
schedule now is targeted for completion in five years
at a cost of $50 million dollars. The site is located in
a highly industrialized area in Warren Township,
OH, near the Ohio River. Contamination present on
site includes soils containing dioxins and VOCs, as
well as the presence of VOCs in groundwater.
The response actions undertaken at the site will be
conducted pursuant to an AOC. This non-time
critical removal action consists of the excavation and
consolidation of dioxin-contaminated soils; the
excavation and consolidation or in situ soil vapor
extraction of VOC-contaminated soils; the
construction of a hydraulic barrier around the waste
area considered the primary source of groundwater
contamination; the excavation and on-site
consolidation of contaminated sediments located in a
creek, as well as additional protective measures
implementing the Site Action Plan. The settlement
also provides for the payment of all EPA past costs,
payment of $ 100,000 per year for EPA oversight
contractor costs, and payment of other future costs
incurred by EPA. The remedy undertaken pursuant
to the AOC will provide for future redevelopment of
a portion of the site, furthering the goals articulated
in the Brownfield initiative,
CLEAN AIR ACT
LTV Steel Company (Illinois): On April 29, 1997,
the United States district court for the Northern
District of Illinois approved a consent decree signed
by LTV Steel Company, Inc. (LTV) to resolve
alleged CAA violations. Specifically, LTV's
Chicago facility violated a permit to construct and
operate a coke battery and violated the NESHAP
applicable to emissions from coke batteries.
According to the terms of the consent decree, LTV
agreed to pay a civil penalty of $1.25 million for its
permit and NESHAP violations. Because LTV had
completed a coke battery rebuild, thereby eliminating
the source of its excess air emissions, no injunctive
relief was required to resolve the violations. As part
of this settlement, LTV agreed to a SEP to install
juniper pipes on the No. 2 coke oven battery. This
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will allow for emission control with a self-contained
battery coke oven gas collection air emissions,
including approximately 45 tons per year of VOCs.
This SEP is particularly important given LTV's
location on the southeast side of Chicago, an EJ area
of concern to Region 5. LTV will spend
approximately $1.8 million to install this project.
Shell Oil Company and Shell Wood River Refining
(Illinois): On June 20, 1997, the United States filed a
complaint and lodged with the U.S. District Court for
the Southern District of Illinois a consent decree
resolving a CAA civil action alleging violations of
the benzene waste NESHAP. Under the terms of the
consent decree, Shell Oil Company and Shell Wood
River Refining Company (Shell) will install an
enhanced biodegradation unit to control benzene
emissions from the cooling tower makeup water.
Shell has estimated the control device will cost
approximately $8 million. In addition, in accordance
with the NESHAP, Shell will document its mitigation
of lost benzene emissions for a total mitigation goal
of 123 mg, or submit a plan to mitigate the lost of
benzene emissions. Shell must also pay a civil
penalty of $678,000.
CLEAN WATER ACT
Hudson Foods, Inc. (Indiana): This case involved a
large Hudson Foods poultry processing plant located
in Corydon, IN. Region 5 referred this matter to
DOJ, which filed suit against Hudson Foods seeking
to make federally enforceable its commitment
resulting from previous administrative orders, to
support the improvements to the Corydon POTW and
to recover a penalty for the long period of time
during which Hudson Foods caused the downstream
POTW to violate its ammonia limits. After
significant litigation, Hudson Foods agreed in a
consent decree entered with the court on January 6,
1997, to pay a $501,000 cash penalty and to do SEPs
costing no less than $300,000 (after tax value). The
SEPs that Hudson Foods agreed to perform are
unique in that they involved controls that had not
been used previously in the poultry processing
industry.
Hudson Foods spent approximately four times as
much on these screen systems as it was required to
spend under the consent decree. Hudson Foods
installed ten secondary screens at its plants
throughout the country, including three at the
Corydon, IN, plant, and will install one more by
February 1998. These screens filter out solid
pollutants from the waste stream that is sent to the
POTW, reducing the ammonia loading to the POTW.
Each of these screens costs between $90,000 and
$100,000, making this part of the SEP worth over $1
million.
This technology is important because the poultry
processing industry has a history of overloading the
treatment plants to which they discharge. If Hudson
finds this technology to be cost effective, Hudson's
publication of this finding will help other poultry
processors effectively pretreat their wastewater,
making it much less likely that toxic ammonia will be
discharged to the waters of the U.S. This technology
also may be effective in other industries.
London Aggregate (Michigan): London Aggregate
(LA) operates a limestone, sand, and clay quarry in
Monroe County, MI. It was classified as a minor
discharger, and the load limits for dissolved solids
and dissolved oxygen reflected that classification.
However, LA expanded its operation, causing
significant violations of both dissolved solids and
dissolved oxygen and apparent corresponding
impacts on the biota in the receiving stream. A
federal administrative order was issued; to date, LA
chose to address only a portion of the actions
required under the order.
EPCRA
B.P. Chemicals, Inc. (Ohio): On February 3, 1997,
EPA filed a CACO to settle the administrative
complaint against B.P. Chemicals, Inc., of Lima, OH.
The complaint that was filed on April 28, 1995,
alleged violations of both EPCRA §304 and
CERCLA §103. On April 19, 1992, the facility did
not notify the National Response Center or the Ohio
SERC until 13 hours after it had knowledge that the
release exceeded the reportable quantity (RQ).
Additionally, the facility failed to provide a written
follow-up report as soon as practicable to the SERC
and the LEPC. The facility provided this report 19
days after the release. During the settlement
discussions, B.P. Chemicals advised the EPA they
wanted to perform a SEP. This project is to install
three emergency warning sirens around the facility.
Union Tank Car Company (Indiana): Region 5
settled an enforcement action against Union Tank
Car Company of East Chicago, IN, for failing to
timely file 26 Form Rs. Settlement terms included a
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SEP that reduced the use and release of toxic
chemicals by 120,900 pounds per year. As part of
the SEP, Union Tank Car agreed to convert from
solvent-based painting operations to water based.
United Dominican Industries (Ohio): Region 5
settled an enforcement action for failing to timely file
eight Form Rs against United Dominican Industries
of Vanhert, OH. Settlement terms included a SEP
that reduced the use and release of toxic chemicals by
126,200 pounds per year. As part of the SEP, Union
Dominican Industries agreed to converted from using
a solvent-based adhesive to a water-based adhesive.
FIFRA
3M (Minnesota): On March 13, 1997, Region 5
issued a "Stop Sale, Use, or Removal Order," to
Minnesota Mining and Manufacturing Co. (3M), St.
Paul, Minnesota, to immediately stop selling and
distributing several unregistered kitchen products
with pesticidal claims. The products, which were
sold nationwide, are: O-Cel-O Sponge, O-Cel-O
Sponge Scrubber KITCHEN, O-Cel-O Sponge
Scrubber COOKWARE, and other 3M products. All
of the products made the following claims on their
labels: "Kills Germs! Like Salmonella & E. coli in
the Sponge," "Kills germs that cause food borne
illnesses," and "Kills Salmonella, E. coli and Staph
Bacteria in the sponge."
On March 18, 1997, Region 5 issued an
"Amendment to Stop Sale, Use or Removal Order to
Allow Sale Under Certain Terms and Conditions."
This amended order allowed 3M to distribute the
violative product for 90 days if placards were placed
in stores next to the O-Cel-O sponges that read:
"Does not disinfect or kill germs on surfaces. Use
standard precautions to prevent transmission of food
borne illnesses like salmonella, E. Coli, and staph,"
and, if all advertising making the germ-killing claims
referenced above were withdrawn. 3M also required
operators of their customer service information line
to inform consumers about O-Cel-O products that the
sponges do not disinfect or kill germs on surfaces and
to use standard sanitary precautions in the kitchen.
A complaint and CACO were filed simultaneously by
Region 5 on September 29, 1997. The actions
resolved the violations discovered in March 1997
concerning 3M's sale of unregistered products. 3M
agreed to pay $238,000 and has also spent at least
$300,000 in corrective advertising.
EKCO Housewares, Inc. (Illinois): On April 28,
1997, Region 5 issued a Stop Sale and Removal
Order to EKCO Housewares, Inc., of Franklin Park,
Illinois, stopping the sale and distribution of EKCO's
entire line of "Germ Away Antibacterial" products,
including kitchen sponges, brushes and cutting
boards. The products all made pesticidal claims like
"antibacterials" and "prevents germs." On May 6,
1997, an amended order was issued to EKCO
allowing the distribution of violative product that was
stickered with language explaining the products do
not disinfect surfaces and warning consumers to use
standard precautions to prevent the transmission of
food-borne illnesses. An administrative complaint
and CACO were simultaneously filed on May 28,
1997, in which EKCO agreed to pay a $100,000
penalty.
RCRA
Lafarge Corporation (Ohio): On February 18, 1997,
a CA/FO was filed with the regional hearing clerk for
Lafarge Corporation (Lafarge), located in Paulding,
OH. The CA/FO resolves a September 27, 1993,
complaint and proposed compliance order that
alleged violations of the Standards for Hazardous
Waste Burned in Boilers and Industrial Furnaces (the
boilers and industrial furnaces [BIF] rule). The
CA/FO requires Lafarge to pay a civil penalty in the
amount of $69,400 and to include malfunctions of its
BIF monitoring and recording systems as a parameter
to cause an automatic waste feed cutoff for Kilns 1
and 2 when hazardous waste is in the system. The
CA/FO also required Lafarge to perform a SEP. The
SEP, which was implemented in 1995, involved the
construction and operation of a cement kiln dust
(CKD) recovery system. The recovery system
recycles CKD back into each of Lafarge's two kilns
via a dust scoop system. Recycling the CKD reduces
the amount of waste that is land-filled by
approximately 3,000 tons/month and reduces the
fugitive emissions by an estimated 8,795
pounds/year.
Reilly Industries, Inc. (Indiana): On May 29, 1997,
Region 5 executed a CA/FO resolving RCRA claims
against Reilly Industries, Inc., for violations at the
company's facility in Indianapolis, IN. Pursuant to
the CA/FO, Reilly will pay a civil penalty of
$400,000. On February 23, 1994, Region 5 filed a
complaint pursuant to §3008(a) of RCRA against
Reilly for failure to submit required feed rate
information, failure to conduct an adequate
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certification of precompliance, failure to comply with
applicable §265 standards, failure to conduct an
adequate certification of compliance, failure to
operate an adequate automatic waste feed cut-off
(AWFCO) system, failure to conduct and document
weekly inspections of the AWFCO system, failure to
adequately monitor and record feed rate limits, and
various exceedences of maximum feed rate limits.
The complaint included a proposed penalty of
approximately $ 1.7 million. After the complaint was
filed, Reilly resolved outstanding RCRA compliance
issues.
SDWA
Gordon Tuck and Harry Stephens (Michigan): On
August 6, 1997, Gordon Tuck and Harry Stephens
(T&S) were ordered to comply immediately with
EPA's final administrative order (FAO) issued to
them in September 1994. The FAO required T&S to
plug and abandon an injection well and pay a civil
penalty of $75,800 (plus interest and late fees). In
addition, the judge ordered T&S to pay an additional
$50,000 penalty for their noncompliance with the
FAO.
TSCA
Murphy Oil Corporation (Wisconsin): Region 5
issued a TSCA civil complaint against Murphy Oil
Corporation in July 1993 for late submission of
TSCA Inventory Update Reports for 41 chemicals.
The complaint sought $246,000 in penalties. Region
5 and Murphy settled the case through a CACO,
which was filed on September 19, 1997. Murphy
agreed to pay a penalty of $48,450.
MULTIMEDIA
American National Can Company (Northern
District of Indiana): On July 10, 1997, the United
States District Court for the Northern District of
Indiana entered a consent decree resolving the United
States' complaint against American National Can
Company (ANC), which alleged violations of RCRA
and EPCRA at the ANC Hammond, IN, facility. The
consent decree provides for payment of a $400,000
civil penalty, expenditure of at least $30,000 to
evaluate a SEP, and acknowledges that, subsequent
to the complaint, ANC sold and no longer owns or
conducts any business or commercial activities at the
Hammond facility. ANC paid the $400,000 civil
penalty on August 5, 1997. This consent decree
resolves the first District Court complaint alleging
data quality errors as violations of EPCRA §313.
Region V conducted a multimedia inspection of the
ANC Hammond facility from September 14 through
18, 1992, as part of the geographic enforcement
initiative for northwest Indiana. Although the facility
generates hazardous waste, it is not a permitted
treatment, storage, or disposal (TSD) facility subject
to the full requirements of RCRA. On February 8,
1995, the United States filed a complaint against
ANC for violations at its Hammond, IN, facility of
RCRA, relating to the storage and management of
solvent hazardous wastes. The complaint also
alleged violations of EPCRA relating to the failure
to report, or accurately report, information regarding
the use of several toxic chemicals at the facility,
pursuant to §313 of EPCRA.
Sherwin-Williams (Illinois): This multimedia
enforcement action, which was filed in July 1993,
involved allegations of violations of the CAA, CWA,
RCRA, and EPCRA at a Sherwin-Williams resin and
paint manufacturing facility on the south side of
Chicago. Following extensive document discovery
and depositions, the parties reached an agreement in
principle in December 1995, and agreement on the
terms of a consent decree in the fall of 1996.
Administrator Browner announced the lodging of the
decree in January 1997. In addition to the $4.7
million civil penalty, full compliance with applicable
statutes and regulations, and facility-wide corrective
action pursuant to §3008(h) of RCRA, the settlement
includes two innovative SEPs: a $950,000
remediation project at a brownfield site in an
environmental justice community near the Sherwin-
Williams facility and a $ 150,000 wetland restoration
project near the facility. A local community group
objected to the consent decree, arguing that a
different location closer to the facility should have
been chosen for the brownfield SEP. However,
following a hearing on the matter, the judge in the
case noted that the alternative site in question was
being addressed by EPA in separate actions, and
concluded that the decree was lawful and fair.
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REGION 6
CERCLA
Bayou Bonfouca Superfund Site (Louisiana): On
June 23, 1997, the court entered a final judgment
approving the $20 million cost recovery consent
decree with Kerr-McGee Corporation and Kerr-
McGee Chemical Corporation (collectively Kerr-
McGee). In addition, on July 31, 1997, the court
entered final judgement approving a $3.6 million cost
recovery consent decree between the U.S. and
Fleming American Investment Trust pic (FAIT), a
British corporation. Region 6 still is pursuing
additional parties for the remaining costs associated
with the site.
Dixie Oil Processors Site (Texas): On July 31,1997,
the court ruled on U.S. v. Lowe, on appeal from the
District Court for the Southern District of Texas,
Galveston Division. The court explicitly rejected the
Third Circuit's decision in U.S. v. Rohm & Haas and
held that responsible parties are liable for the
government's costs incurred in overseeing private
parties' performance of removal and remedial
actions.
Gurley Pits NPL Site and South 8th Street Landfill
NPL Site (Arkansas): On August 15, 1997, the court
ruled in the bankruptcy trial U.S. v. Gurley that assets
valued at approximately $19 million, which the U.S.
and trustee contended were transferred by improperly
William M. Gurley to his wife, will be included as
part of the bankruptcy estate. The court ruled that
Gurley was the equitable owner of the assets and
ordered that the assets will satisfy the U.S.'s claims
against Gurley at these two sites where he is a PRP.
In addition, the court refused to grant a discharge to
Gurley because of false representations which he
made in the bankruptcy proceedings.
Odessa Chromium II North Site (Texas): On July
24, 1997, the court ruled in U.S. v. Chromalloy
American Corp. that Sequa Corporation must
reimburse Region 6 for oversight costs billed
pursuant to its RD/RA consent decree with Sequa.
The court rejected Rohm & Haas as "incorrectly
decided" and found that EPA had provided adequate
cost documentation of Bureau of Reclamation (BOR)
costs challenged by the Sequa.
Vertac Superfund Site (Arkansas): On May 22,
1997, the court entered a memorandum opinion
adjudging Uniroyal Chemical Ltd. (Uniroyal) jointly
and severally liable to the U.S. and the Arkansas
Department of Pollution Control and Ecology
(ADPC&E) as an arranger for past and future
response costs both on and off the Vertac site.
Additionally, the court found Uniroyal liable in
contribution to Hercules, Inc., and Hercules liable in
contribution to Uniroyal. The court previously
granted a summary judgment to the U.S. on the issue
of Hercules' joint and several liability for past and
future response costs.
CLEAN AIR ACT
U.S. v. Formosa Plastics Corp. (Texas): On May 16,
1997, a final consent decree in the civil judicial
action was entered against Formosa Plastics. This
case involved violations of the following CAA
provisions: 1) Standards of Performance for .
Equipment Leaks of VOC in the Synthetic Organic
Chemicals Manufacturing Industry found in 40 CFR
60, Subpart VV; 2) National Emission Standards for
Vinyl Chloride found in 40 CFR 61, Subpart F; 3)
National Emission Standards for Equipment Leaks
from Fugitive Emission Sources found in
40 CFR 61, Subpart V; and 4) National Emission
Standard for Benzene Waste Operations found in 40
CFR 61, Subpart FF. To settle the case, Formosa
agreed to undertake a $6.6 million SEP which, after
taking into account operational savings that will
result from the installation of newer and more
sophisticated equipment, is calculated to have an
after-tax net present value of at least $640,000. In
addition, Formosa will pay a cash penalty of
$150,000.
U.S. v. Lyondell Petrochemical Company (Texas):
On February 3, 1997, Region 6 filed a civil complaint
against Lyondell Petrochemical Company for
violating the CAA. The NESHAP violations were
identified during a September 1992 EPA inspection
of Lyondell's petroleum refinery in Houston, TX.
The assessed penalty against Lyondell was $158,515.
The Joint Stipulation and Order of Dismissal was
entered on February 10, 1997.
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CLEAN WATER ACT
Yaffe Iron and Metal Co., Inc. (Oklahoma): A
consent decree was filed February 26, 1997,
requiring injunctive relief in the form of a
multimedia environmental audit, a $150,000 penalty,
and stipulated penalties for violations of the consent
decree. Yaffe owns and operates a metals recycling
facility in Muskogee, OK. On June 23, 1995, the
U.S. filed a complaint against Yaffe alleging that
Yaffe violated CWA by discharging pollutants into
waters of the U.S. without an NPDES permit.
EPCRA
Union Carbide Corp., Taft Plant (Louisiana): On
June 27, 1997, a complaint and consent agreement
and consent order were issued jointly to Union
Carbide's Taft Plant in Hahnville, LA. The
complaint alleges that Union Carbide failed to submit
a timely, complete, and correct TRI reporting Form R
for the reporting year of 1995 for dicyclopentadiene.
The amount of the calculated penalty in the
complaint was $21,055. In researching EPA files on
this plant, it was discovered that Taft had a previous,
closely-related violation—not reporting silver on
Form Rs for reporting years 1992 and 1993.
Settlement of the CACO was reached and a penalty
of $19,000 was paid by Union Carbide on July 30,
1997.
RCRA
Marine Shale Processors (MSP/GTX) (Louisiana):
A consent decree was filed and lodged, awarding the
U.S. S8.5 million in penalties for alleged RCRA
violations by MSP. The penalty has grown to
slightly over $9.2 million, and upon entry, MSP/GTX
will pay $2.25 million to the U.S. and $1.75 million
to the state. The remainder of the funds in the
registry may be withdrawn by the plaintiffs anytime
after the final effective date of the consent decree
($3.5 million for the U.S., $5 million for the state).
The consent decree also requires the following: GTX
is prohibited from operating until it receives all
necessary permits under RCRA, CAA and CWA;
GTX has five years to obtain a landfill permit
including four one-year extensions; and within 60
days of entry of the consent decree, GTX must
submit a plan for the consolidation of all ash at the
facility not located in the Solid Waste Management
Unit (SWMU). Within 90 days of approval of the
plan, GTX must remove the ash at off-site locations
in accordance with the remedial investigation plan.
All ash eventually will be disposed of at a Subtitle C
landfill.
SDWA
Cuna Del Valle (Texas): Region 6, Headquarters,
and DOJ filed federal lawsuits against colonia
developers in an effort to address the environmental
problems under the emergency powers provision of
the SDWA. The first case, Cuna del Valle colonia in
El Paso County, TX, was referred for civil action in
September 1995, and a consent decree was filed
simultaneously with the complaint on April 16, 1997,
which requires the defendants to perform injunctive
relief and stipulated penalties for violation of the
consent decree.
U.S. (Sac and Fox Nation) v. Tenneco Oil Company
(Oklahoma): A consent decree was filed and entered
on June 2, 1997, requiring Tenneco Oil Company to
provide the Sac and Fox Nation of Oklahoma with a
potable water supply of 207 sustainable gallons per
minute and $1.16 million in cash ($85,000 of which
is restricted for certain cleanup, remediation, and
other purposes). As a whole, the dollar value of the
settlement agreement is over $3.5 million. On
January 31, 1996, DOJ filed a complaint against
Tenneco on behalf of EPA, DOI, the Sac and Fox
Nation. The complaint sought punitive and
exemplary damages, injunctive relief, and an order of
abatement to redress continuing injuries related to the
pollution of the surface resources and groundwater of
the Nation. Tenneco and its predecessor companies
operated oil leases on the Sac and Fox Nation from
1924to 1989.
TSCA
Oklahoma Metal Processing Company, Inc., d/b/a/
Houston Metal Processing Company, and Newell
Recycling Company, Inc. (Oklahoma): On October
7, 1997, the judge assessed a $1,345,000 civil penalty
against Newell Recycling Company, Inc. (Newell).
This is the largest TSCA PCB penalty amount ever
awarded by an EPA administrative law judge (ALJ).
Newell owned a scrap metal facility in Houston, TX,
from 1974 until approximately September 1982, at
which point in time it sold the facility to Oklahoma
Metal Processing Company, Inc., d/b/a Houston
Metal Processing Company (HMPC). As part of the
sales agreement between Newell and HMPC, Newell
agreed to retain liability for anything which arose
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during the course of its ownership of the site. In
1984, HMPC discovered lead contaminated soil at
the site and contacted Newell. During Newell's
cleanup of the lead contaminated soil, 41 capacitors
containing PCBs-contaminated oil were excavated.
The capacitors were disposed of properly; however,
the soil was piled next to the excavation area for at
least ten years while Newell and HMPC argued as to
who was responsible for the disposal. Samples of the
soil taken during an EPA inspection on September
10, 1992, confirmed the presence of PCBs at
concentrations above the regulatory threshold of 50
parts per million (ppm). EPA issued a civil
administrative complaint against HMPC and Newell
in March 1994. The judge found that the improper
disposal of PCBs by the parties was a continuing
violation, and granted the full penalty amount
requested by EPA. Newell filed an appeal in the case
on October 30, 1997.
MULTIMEDIA
U.S. v. EXXON Corp. (Louisiana): On October 9,
1996, a joint stipulation and order of dismissal was
filed. Exxon Corporation paid a civil penalty of
$209,600 to the U.S. for the following violations at
its Baton Rouge refinery: failure to provide 30 days
notice of performance test under CAA; NPDES
monitoring, reporting, and effluent violations under
CWA; and unmarked, open, and leaking solvent
containers under RCRA. The penalty allocation was
$20,000 for CAA, $73,000 for RCRA, and $116,600
for CWA violations.
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REGION 7
CERCLA
Des Moines TCESite (Iowa): On September 22,
1997, the Environmental Appeals Board dismissed
Dico, Inc.'s, petition for reimbursement under
CERCLA §106(b). Dice's Des Moines facility is
located directly across the Raccoon River from the
Des Moines Water Works, which provides drinking
water to Des Moines and several surrounding
communities serving over 250,000 customers.
Volatile organic chemical contamination from Dico's
facility forced the Des Moines Water Works to
abandon a portion of its underground gallery system
used to obtain its water supply. In July 1986, after
attempts to negotiate a consent order failed, Region 7
issued a UAO requiring Dico to design, install, and
operate a remedial action to prevent the migration of
VOC-contamination from Dico's property to the
water works gallery system.
FAR-MAR-CO Subsite, U.S. Cooperative
Producers, Inc., and Farmland Industries, Inc.: In
FY97, EPA entered into a consent decree under
CERCLA §§106 and 107 with the settling
defendants. These settling defendants agreed to
perform the source control remedial action at the
FAR-MAR-CO Subsite of the Hastings Groundwater
Contamination Site (HGWCS) using soil vapor
extraction (SVE). The settling defendants agreed to
operate the SVE system for at least two years beyond
the time when performance standards are met so that
the SVE system will draw contaminants off of the
groundwater and thereby reduce the source that has
reached the groundwater. The settling defendants
also agreed to pay the U.S. $954,019 in past costs
and pay future costs which include oversight incurred
in connection with both the source control and
groundwater operable units.
City of Hastings (Nebraska): The City of Hastings,
NE, entered into a Prospective Purchaser Agreement
(PPA) with EPA on September 15, 1997. The city
sought to purchase property that was part of the
Hastings Groundwater Contamination Site
(HGWCS). The agreement provides the city
protection from a CERCLA suit by EPA or any party
when the city purchases property owned by the
Union Pacific Railroad that is part of the HGWCS.
Presently, source control and groundwater actions are
underway at the Colorado Avenue Subsite of the
HGWCS. As consideration for the protection and
covenant not to sue, the city will provide access to
EPA or any party performing response actions at the
subsite, such as for the installation of a water line that
can be used to pump treated water from the subsite to
a disposal area.
Jasper Counter Superfund Site and Cherokee
County Superfund Site (Missouri): These sites are
listed on the NPL; both counties are part of the Tri-
State Mining District and are an inactive lead and
zinc mining area containing over ten million tons of
surface mining wastes. On December 12, 1996, the
court entered a $1 million settlement with FSN, the
corporate successor of a former owner/operator. In
May 1997, the court approved a settlement with
Connor Investment, a current landowner at the site
that also owned property at the time of disposal of
the mining wastes. Since Conner had no assets other
than the 250 acre parcel of land at the site, Connor
gave EPA and the state full access to the land as long
as necessary for use as the on-site repository in
exchange for a covenant not to sue.
In July 1997, the court approved a bankruptcy
settlement with Eagle Picher (EP), one of the major
mining companies in the area. Under the terms of the
settlement, EP agreed to pay EPA significant money
in exchange for a covenant not to sue. Region 7
received $6,107,368 for the Jasper County site and
$2,325,042 for the Cherokee County site. In
addition, the region received $1,404,849 in past costs
for the Cherokee County site.
Meramec Marine Shipyard (Missouri): On
September 24, 1997, Meramec Marine Shipyard and
three of its officers were sentenced to pay a fine of
$125,000, as well as $30,000 restitution to EPA for
RCRA and CERCLA violations. On July 3, 1997,
Edward T. Dlubac, Edward Theordore Dlubac,
Thomas Dlubac, and Meramec Marine Shipyard,
Inc., pleaded guilty to charges including illegally
disposing of hazardous wastes and polluting the
Meramec River wetlands. These Meramec Marine
Shipyard employees occasionally pumped bilge
waters from vessels and dumped containers of waste
petroleum products into the Meramec River.
Ignitable hazardous wastes containing toxic levels of
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benzene were buried at the shipyard along with cans
of ignitable paint waste containing toxic levels of
chromium and lead. The case was investigated
cooperatively by EPA's Criminal Investigation
Division and the Missouri Department of Natural
Resources.
Norandex, Inc., and the City of Joplin (Missouri):
The U.S. entered into a prospective purchaser
agreement with Norandex, Inc., and the City of
Joplin, MO, regarding the purchase by Norandex of
property within the Jasper County Superfund Site.
EPA issued an ROD for the site in 1996 for cleanup
of residential yards contaminated with lead from
inactive lead smelter operations and for a health
education program for the residents. Approximately
6,000 residences are within the areas of concern at
the site. The agreement provides that the company
pay $10,000 to the City of Joplin Health Department;
the funds will be used toward the health education
component of the ROD. Under the agreement,
Norandex receives a CERCLA covenant not to sue
for its potential liability as the owner of property
located within a Superfund NPL site. There will be a
substantial benefit to the environment by educating
residents on the dangers of lead contamination.
North Ridge Homes: In January 1997, EPA and
North Ridge Homes entered into a prospective
purchaser agreement for the MRM Superfund Site,
under which North Ridge will pay EPA $20,000 and
implement deed restrictions in exchange for a
covenant not to sue from EPA. The site was utilized
formerly as a brass reclamation facility by MRM
Industries. MRM abandoned the facility and went
bankrupt in 1990, leaving behind significant
contamination. The property, which is located in an
industrial park and contains a 100,000 square foot
industrial building constructed in 1988, has been
vacant since that tirne. EPA performed a fund-led
removal action at the site in 1996, at a cost of
approximately $450,000.
Frier Brass Superfund Site (Missouri): EPA entered
into a prospective purchaser agreement on August
13, 1997, at the Prier Brass Superfund Site in Kansas
City, MO. In exchange for EPA's standard
covenants not to sue in prospective purchaser
agreements, the purchaser paid EPA $50,000 and
filed deed restrictions requiring it to maintain the
protective cover at the site. The new purchaser also
paid the county $25,000. The foundry site formerly
was the subject of a $2.5 million EPA-funded
removal action in 1995 to address lead
contamination. The former foundry operator had
undergone bankruptcy. The property was being held
by the county land trust for the non-payment of taxes.
The new owner will operate its construction and
demolition business at the site.
U.S. v. Russel Bliss, Jerry Bliss, and George Bliss
(Missouri): A referral was initiated as a result of an
unsatisfied judgment against Russell Bliss, the person
responsible for spreading dioxin contamination at 28
sites in Eastern Missouri in the early 1970s. Russell
Bliss has been a defendant in numerous actions
brought by the U.S. regarding the dioxin
contamination. However, he has never paid any
money to the U.S. due to his inability to pay, a
circumstance that has been investigated many times.
The two judgments are for the amounts of $94,786
and $320,160 for the Rosalie and Callahan sites. As
a result of the two unsatisfied judgements, a
fraudulent conveyance action was filed against
Russell Bliss and his two sons, Jerry and George
Bliss, regarding the 1992 sale of a piece of property
owned by Russell, Jerry, and George Bliss for less
than value. This action was subject to mediation in
July 1997. As a result of mediation, the U.S. agreed
to accept $30,000 in settlement of the fraudulent
conveyance and the underlying collection action.
U.S. v. TIC Investment and Stratton Georgoulis
(Iowa): On January 13, 1997, the U.S. lodged a
CERCLA consent decree providing for recovery of
$530,000 in past costs incurred at the White Farm
Equipment Dump Site in Charles City, IA, and
payment by the defendants of $100,000 in civil
penalties for violations of CERCLA §104(e). In the
settlement of this case, the Agency 1) demonstrated
resolve to pursue non-settlors; 2) established
precedent in the Eighth Circuit on novel issues of
parent corporation and corporate officer arranger
liability under CERCLA; 3) achieved PRP clean-up
of the site and recovery of nearly all of costs and
prejudgment interest; and 4) collected a substantial
penalty under §104(e), thereby sending a message to
the regulated community as to the consequences of
failing to fully and truthfully respond to CERCLA
information requests.
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CLEAN AIR ACT
Stiffler, Carl & Jean, d/b/a Southwest Wrecking
Company (Shallow Water Refinery) (Kansas): The
first CAA §303 administrative emergency order in
the nation under the 1990 CAA Amendments was
issued by Region 7 on June 5, 1997. The
respondents, who specialize in reclamation activities,
purchased the Shallow Water Refinery approximately
three years ago. The refinery closed and the
respondents were salvaging the metal components
from the facility.
The Kansas Department of Health and Environment
(KDHE) had been conducting periodic inspections to
monitor compliance with the asbestos NESHAP
requirements at the demolition site. KDHE
conducted an inspection of the site in late May 1997,
and discovered that a 100 foot tall tower which was
covered with asbestos-containing insulation, had
been cut down, covering the area with dry asbestos-
containing insulation debris. The respondents'
grandchildren were playing in and around the
asbestos at the site. In response to KDHE's request
for an immediate response to this hazard, the region
issued an emergency order under CAA §303
requiring the respondents to stop all activities at the
site, to restrict access to the site, and to prepare a plan
to come into compliance with the NESHAP for
asbestos. The respondents complied with the
emergency order.
CLEAN WATER ACT
City ofSedalia (Missouri): An administrative order
for compliance and a complaint were simultaneously
issued on November 22, 1996, to the City of Sedalia,
MO, for the city's failure to implement and enforce
its pretreatment program. The violations first were
identified in an inspection conducted by the region
during the summer of 1995 with a written warning by
the region to the city to correct the violations and be
prepared for a follow-up inspection the following
year. In the summer of 1996, the inspector returned
to the city and found that the deficiencies had not
been corrected, resulting in the issuance of this
action. Violations included the city's failure to
develop and implement an enforcement response
plan; failure to implement procedures to ensure
industrial users are in compliance with pretreatment
standards and requirements; failure to issue permits
or other control mechanisms containing correct
discharge limits for two industrial users; and failure
to perform local limits analyses for two of its
pretreatment plants. The parties reached an
agreement to settle the matter for a penalty of
$50,000 and correction of the violations.
Halls Ferry Center, Inc., and Halak, Inc.
(Missouri): On June 30, 1997, EPA filed an
administrative complaint and compliance order for
violations of CWA §404 in connection with the
excavation of two ditches within a forested wetland
area north of St. Louis, MO. The excavated ditches
discharged into the Missouri River and resulted in the
drainage of approximately 40-50 acres of wetlands.
The complaint proposed a penalty of $20,000 for the
violations. The parties reached an agreement in
which the respondents paid a penalty of $15,000 and
fully restored the wetlands.
Labarge, Inc. (Missouri): An ALJ awarded EPA the
statutory maximum administrative penalty of
$125,000 in this pretreatment case. The respondent,
an electroplating operation, discharged copper in
excess of its allowable permit limit and the applicable
regulations over an approximate three year period.
During this period, the respondent exceeded the
monthly average standard for copper eleven times.
Of the eleven monthly average violations, six
exceeded the standard by more than 1000 percent.
One monthly average violation was nearly 5000
percent over the legal limit.
EPCRA
Crustbuster/Speed King, Inc. (Kansas): On January
31, 1997, a CACO in this case was issued to
Crustbuster/Speed King, Inc., of Dodge City, KS,
resolving the EPCRA §313 TRI reporting violations.
The respondent documented an inability to pay the
proposed penalty of $93,556, but also demonstrated a
willingness to implement numerous changes in its
operating practices and equipment uses to reduce
toluene and xylene in its paint spraying operations.
The respondent paid a reduced penalty of $100 and
submitted certification of completion of two SEPs
worth $72,700. In addition to the SEPs, which
included changing high toluene and xylene usage
paint spraying equipment for low-emission
(reductions of at least 30 percent) and VOC-
conserving spraying equipment, the respondent
instituted numerous in-house good faith measures to
demonstrate its commitment to achieve pollution
prevention goals. These measures included:
continuing training regarding operation of equipment
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and work practices to minimize VOC usage and
emissions; instituting regular safety committee/EPA
compliance committee meetings to discuss
suggestions for and implementation of process and
operation changes to achieve further pollution
prevention; and the personal commitment of the plant
supervisor and personnel coordinator to join and
participate in the Ford County, KS, LEPC.
FIFRA
David Redler, d/b/a Tree N' Turf Lawnscapes
(Nebraska): On September 23, 1997, a default
judgment was entered against David L, Redler, d/b/a
Tree N'Turf Lawnscapes. The judgment is for
$1,065.75 plus interest of 5.6 percent per annum
from the date of the judgment, plus costs of $252.
This matter was referred to DOJ for collection after
the respondent failed to pay the civil penalty assessed
by an administrative order on default. Redler
defaulted in the administrative action by failing to
comply with the prehearing exchange order issued by
the ALJ. Because the region has information that
Redler is continuing to apply pesticides in Nebraska,
EPA targeted this case for collection of the unpaid
administrative penalty.
RCRA
American Microtrace Corp. (Nebraska): On January
29, 1997, Region 7 issued an UAO pursuant to
RCRA §7003 to American Microtrace Corporation
(AMT) in Fairbury, NE. AMT uses sulfuric acid
extraction to reclaim zinc and manganese from zinc
fume dust it receives from brass foundries. The
company makes pelletized zinc and manganese
additives for cattle feed and fertilizers and produces
commercial-grade zinc. The order required AMT to
remove all illegally stored waste and soil; manage all
incoming zinc fume dust as hazardous, ensuring that
no releases to the environment occur; and cease
receiving zinc fume dust until it could demonstrate
that its management practices would no longer allow
the dust to be released to the environment.
EPA inspectors visited the plant in September and
October 1996 and found numerous RCRA violations.
Analysis of samples collected during the inspections
revealed that lead and cadmium were present in the
sediments of a nearby wetland at high toxicity levels
for these metals. In addition, employee medical
monitoring records showed that many employees had
elevated blood lead readings at levels which may
cause adverse health effects. The area also is home
to at least two endangered species, including the
peregrine falcon and the fringed prairie orchid, and
also is a habitat for many native species of plants and
animals and a flyway for migratory waterfowl.
Graphic Circuits Corp. and Barry Smith (Iowa):
This action dealt with hazardous wastes generated by
Graphic Circuits Corp., which operated an electronic
circuit board manufacturing business in Cedar Rapids
and Marion, IA. The company generated wastewater
treatment sludge and corrosive hazardous wastes as a
result of its manufacturing activities. Approximately
43 55-gallon drums of corrosive hazardous waste
were moved from the Cedar Rapids facility to the
Marion facility. The respondent, Barry Smith, is the
president and owner of Graphic Circuits, and
personally owned the Marion, IA, facility.
Administrative complaints were issued to both
Graphic Circuits Corp. and Barry Smith, individually
as owner and operator of the Marion facility.
Alleged violations included: failure to file a
hazardous waste report for the hazardous waste;
failure to obtain a permit for the hazardous waste
storage area at the Marion facility; shipment of
hazardous waste off-site without preparing the
required hazardous waste manifest; and failure to
obtain a permit for the storage and treatment of
hazardous waste at the Cedar Rapids facility.
Compliance orders issued concurrently with the
complaints required Graphic Circuits and Barry
Smith to comply with specific requirements for
generators of hazardous waste and to implement
RCRA closure of the hazardous waste storage and
treatment areas at both the Marion and Cedar Rapids
facilities. In addition, the region and the respondents
negotiated a settlement requiring the payment of
$191,000 in penalties and the closure of the RCRA
treatment and storage areas at both facilities.
TSCA
LaClede Gas Company (Missouri): Settlement of
this action brought under TSCA for violations of the
regulations which govern the disposal, storage,
marking and notification, and manifesting of PCBs
included the payment of a civil penalty as well as the
performance of significant SEPs by the respondent.
Among the projects undertaken pursuant to the
settlement, LaClede has agreed to participate in a
program to make compressed natural gas (CNG)
available as a clean-burning transportation fuel for -.
the St. Louis area. It is hoped that the CNG program
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will advance environmental justice objectives by
minimizing air pollution in various urban, low-
economic areas. As part of LaClede's CNG program,
LaClede constructed a "quick-fill" CNG fueling
station at its Shrewsbury, MO, facility. This fueling
station has been constructed to be accessible to non-
LaClede CNG-powered fleets, including the U.S.
Postal Service. In addition, LaClede has entered into
a partnership to construct the first public CNG
fueling facility in Missouri.
Solomon Corp. (Kansas): An administrative
complaint was issued on September 25, 1996,
alleging violations of TSCA §6(e) regarding the
storage, processing, use, distribution, marking, and
disposal of PCB-contaminated cable by the Solomon
Corporation. This case began in June, 1995, when
Region 7 learned that Solomon had received 1.2
million pounds of PCB-contaminated electrical cable.
The cable was tested prior to its receipt by Solomon
and shown to contain over 400 ppm PCB. The
violations in the complaint arose out of Solomon's
handling of the cable, which contained copper wire
that Solomon was planning to salvage and sell.
In addition to the payment of a penalty of $63,750, in
settlement of this matter the respondent agreed to the
performance of three SEPs based on EPA's
PROJECT model with an estimated cost of $250,000.
The first SEP involves the modification of the paint
line for its pole-mount transformer line, which will
result in an anticipated reduction in air emissions of
VOCs and will completely eliminate the respondent's
routine use of methylene chloride. The second SEP
involves the construction of an oil storage building at
121 West Main Street, Solomon, KS, which will
reduce the risk of release of PCBs into the
environment. The third SEP involves the construction
of a heavy security fence enclosing its yard inventory
at its First Street location. Under a CACO issued on
April 20, 1997, Solomon agreed that it would not
receive, accept, or store any PCB oil or PCB item
that was contaminated at or above 50 ppm PCB.
Solomon currently is paying off the $176,000 in
payments plus interest, based on its acceptance of the
PCB-contaminated cable which was the subject of
this case.
MULTIMEDIA
Brush Creek Oil Spill (Missouri): On April 4, 1997,
a UAO was issued to Twin Oaks Associates, L.P.,
pursuant to CWA §311 and RCRA §7003. The UAO
required the respondent to take action to remove oil
seeping into a storm sewer in Kansas City, MO, and
discharging into Brush Creek. The respondent is the
owner of an apartment building located in Kansas
City. A heating oil tank at the apartment building
ruptured in December 1996, losing 4,510 gallons of
oil, 3,660 gallons of which were never recovered.
The oil first was reported to be flowing into Brush
Creek on January 31, 1997. EPA received reports of
fish killed by the oil in the creek.
HWH Corp. (Iowa): An administrative complaint
and compliance order was issued against HWH
Corporation on September 30, 1997. This complaint
alleged three counts against HWH Corporation: 1)
storage of hazardous waste without interim status or a
permit; 2) failure to clean up a release of used oil; 3)
and failure to prepare an SPCC Plan. The
compliance order requires that respondent submit the
following to EPA: a cleanup and
disposal/management plan for cleaning up and for the
disposal or other proper management of the released
used oil and other contaminated materials to the
environment; a closure plan that meets the
requirements of 40 CFR 265, Subpart G for the
hazardous waste storage area at the facility;
certification of closure as required by 40 CFR
§265.115; and an SPCC Plan.
Missouri Charcoal Kilns (Missouri): In a
consolidated settlement of administrative complaints
filed for violations of the accidental release reporting
requirements of EPCRA §304 and CERCLA §103
and violations of the TRI reporting requirements of
EPCRA §313, three major Missouri charcoal
companies committed to spend an estimated $1.75
million to install air emission control devices on 165
active charcoal kilns in the state, or to remove these
kilns from operation within the next seven years.
The CACO filed September 30, 1997, with Royal
Oak Enterprises, Inc., West Plains Charcoal
Company, and Patio Chef Company, LLC, requires
that controls be installed on a fixed schedule
beginning in April 1998. Emission reductions will
begin almost immediately, and several of the
facilities will be controlled fully within four years.
EPA estimates that the installation of the control
devices and the shutdown of 64 designated kilns will
result in the prevention of over 100 million pounds of
PM10, VOCs, and carbon monoxide emissions. In
addition, the respondents are required to pay a civil
penalty of $50,000.
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REGION 8
CERCLA
Allied Signal, Inc., and General Chemical Corp.
(Colorado): On December 31, 1996, under the terms
of CERCLA §112(h)(l) Administrative Settlement
Agreement, PRPs Allied Signal, Inc., and General
Chemical Corporation paid $177,112 to settle their
CERCLA §107 liability of OU-6 of the Denver
Radium Site located in Denver, CO. In return, the
U.S. agreed to provide the settling parties with a
covenant not to sue limited to claims for civil
liability. The settlement amount represents 99.6
percent of past response costs incurred by the U.S. at
the site. The source of radium contamination appears
to have been radium-contaminated fill brought in
from one or more unknown construction sites during
the late 1960s and/or early 1970s. Lead and other
non-radiological wastes found on the property
apparently resulted from activities related to the
manufacture of sulfuric acid and other chemical
products by General Chemical and its predecessors.
In May 1991, EPA commenced cleanup of the 135
tons of radiological and mixed wastes found at the
site and sent them to an off-site permitted disposal
facility.
ASARCO, East Helena Facility (Montana): On
April 25, 1997, pursuant to the AOC for Removal
Action at the East Helena site, ASARCO agreed to
pay $60,000 in stipulated penalties to EPA for failure
to pay its annual billing in a timely manner. Another
issue that culminated in September 1997 related to
ASARCO's failure to pay response costs. EPA
entered into dispute resolution and ASARCO agreed
to pay $330,419 in settlement of this issue.
Chemical Handling Corp. Site (Colorado): On
September 8, 1997, DOJ approved EPA's second de
minimis settlement for this site. This settlement was
entered into with previously unbeatable generators
and those generators who did not participate in the
first de minimis settlement. The site was operated as
a hazardous waste fuel blending and solvent recovery
facility from early 1988 until February 1992. The
fuel-blending operations combined hazardous wastes
from various generators into a hazardous-waste fuel
which was used in industrial furnaces and cement
kilns.
PRPs located for the second settlement were offered
the same premium (9 percent) that was used for PRPs
in the first settlement. The PRPs that simply chose
not to participate in the initial settlement were also
sent the second settlement offer, although the
premium was higher (60 percent). Of the 174
generators eligible for the second de minimis
settlement, 49 have signed the AOC. The combined
monetary total for the settlement is $ 131,646. This
amount, when added to the $1,097,244 agreed to be
paid by the parties to the first de minimis settlement,
represents approximately 42 percent of the
$2,948,615 in response costs incurred by the U.S.
through March 31, 1997.
Portland Cement (Utah): The Portland Cement site
is an NPL site on which most surface remediation has
been completed. The major party at the site, Lone
Star Industries, settled its liability with the U.S. in
1992. Negotiations with minor landowner parties
have since continued. Two of these five parties have
signed consent orders and provided the U.S. with
$100,000 and institutional controls. Easement
acquisitions have been approved by the Office of
General Counsel (OGC) and the agreements have
been approved by the Region 8 Regional
Administrator.
Summitville Mine Site (Colorado): EPA will receive
$700,000 from three companies that are responsible
for contributing extremely small amounts of waste at
the Summitville Mine Superfund Site, located near
Del Norte, CO. This finalizes an agreement which
was reached in July between EPA and the Cleveland-
Cliffs Iron Co., Union Pacific Resources Company,
and Union Pacific Resources Group. This settlement
did not become final until the public had a chance to
comment on the agreement and represents only a
small portion of the $150 million EPA expects to
spend cleaning up the abandoned open pit gold mine.
Traub Battery and Body Shop (South Dakota): On
October 11, 1996, EPA issued a consent decree
settling the cost recovery action associated with the
Traub Battery and Body Shop Site in Sioux Falls,
SD. The consent decree requires Exide, John Morrell
& Co., Graham Tire, J.C. Penney, Kmart, and the
South Dakota Department of Transportation to
reimburse the U.S. $313,000 for costs incurred in
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performing a removal action at the former battery
cracking facility, because each of the settling parties
sent used batteries to the site.
CLEAN Am ACT
Plum Creek Manufacturing, L.P. (Montana): Plum
Creek Manufacturing agreed to pay penalties totaling
$375,000 and complete a beneficial environmental
project for past CAA violations at its Pablo Lumber
Mill, located on the Flathead Indian Reservation.
The settlement resolved government claims that the
lumber mill's wood-fired boiler violated national
particulate emissions limits and opacity levels since
its construction in 1990. Plum Creek disputed EPA's
claim that these requirements applied to its facility.
Despite its contention, the company agreed to install
emission control equipment and an air quality
monitoring device.
EPA contends that emissions from the mill
negatively impacted the health and environment of
the area around the City of Pablo and the tribal
community. Therefore, in addition to its penalty,
Plum Creek will purchase high-grade road-sanding
material for the Confederated Salish and Kootenai
Tribes. The tribes will use the sanding material
during the winter months on roads in and around
Pablo. This material will cut road dust (another
source of airborne particles), while maintaining
vehicle traction during snowstorms. Without
admitting to the federal allegations, Plum Creek
agreed to pay the penalty, complete the
environmental project, and comply with all
applicable laws in the future.
Stone Container Corp. (Montana): Stone Container
Corporation agreed to meet air pollution control
requirements at its Missoula Mill and will pay
penalties of $302,500 for past violations. Stone
Container's Frenchtown mill produces liner board
and other paper products by converting wood chips
and cardboard into pulp and then into paper. The
complaint charged that the company bypassed a
pollution measuring device to avoid recording
violations of health-based air standards. Air quality
in the Missoula Valley currently does not meet the
national health-based standard for fine airborne
particles also known as PM10. This dust is made of
solid or semi-solid particles small enough to be
suspended in the atmosphere. EPA contended that
air emissions from Stone's mill contained fine
particles and sulfuric gasses. EPA's complaint also
said the company did not properly monitor its smoke
opacity, which is the density or darkness of smoke
from a facility's smokestacks. During a facility
inspection, EPA also discovered other types of
opacity violations. By measuring opacity, EPA and
the State can verify if pollution control equipment is
working properly. Without admitting to any of the
allegations, Stone Container agreed to pay the
penalty and comply with applicable laws in the
future.
Vastar Resources, Inc. (Colorado): DOJ, on EPA's
behalf, agreed to settle its lawsuit against Vastar
Resources and Atlantic Richfield Company (ARCO)
for a combined total of $657,412. EPA alleged that
both companies incurred CAA violations at their
facility on the Southern Ute Indian Reservation in La
Plata County, CO. Vastar is the current owner of the
facility; ARCO is the previous owner. The
agreement required Vastar to pay $137,949 of the
$657,412 the company saved by operating its natural
gas production engines without installing proper
pollution control equipment to limit carbon
monoxide (CO) emissions. After notifying the
Agency of the alleged violations, Vastar began
installing proper pollution control devices costing
nearly $247,000. This equipment has resulted in CO
emission reductions at the facility of 3,700 tons or 80
percent per year. Applying its self-policing policy,
EPA reduced Vastar's penalty by several hundred
thousand dollars. In this instance, EPA applied the
policy because Vastar audited itself, identified
environmental problems, rapidly notified EPA, and
fixed the detected alleged violations.
ARCO's settlement of $519,463 includes money it
saved operating the gas production engines without
necessary pollution controls, as well as a penalty for
failure to initially install proper pollution control
equipment. ARCO disclosed these alleged past CAA
violations at the same time Vastar came forward.
However, because the company failed to detect,
notify, and correct the equipment problems while it
owned the facility, it did not meet EPA's standards
for self-disclosure. The company did cooperate with
the investigation; therefore, EPA elected to reduce
ARCO's penalty. Without admitting to the federal
allegations, Vastar and ARCO agreed to pay the
penalty and comply with applicable laws in the
future.
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CLEAN WATER ACT
ASARCO, East Helena Facility (Montana): EPA
and ASARCO met in Washington, DC, on July 14-
15, 1997, to continue negotiations on settlement of
the national initiative. Of the three components
comprising "Phase 1" of the national case, the
NPDES claim at the East Helena facility is the first,
and only, portion of the case to settle. The NPDES
case settled for $1 million economic benefit and
$36,100 gravity in cash plus two SEPs. The first SEP
is a restoration of wetlands in the disturbed area
where the violations occurred. EPA has credited
ASARCO $211,080 of the $390,000 cost to do the
project. The second SEP is ASARCO's corporate-
wide environmental management system (EMS)
audit for all ASARCO facilities. The cost of the
audit is still unclear, although EPA believes its value
is between $4-5 million. This case only is offsetting
$ 113,820 of the cost for gravity.
City of Watertown (South Dakota): A consent decree
was issued settling the penalty portion of the CWA
case against the City of Watertown. The action
alleged numerous violations including allowing the
discharge of pollutants above acceptable levels from
the city's wastewater treatment plant to the Big Sioux
River. The settlement calls for the city to pay a cash
penalty of $550,000. An earlier consent decree
entered by the court in December 1995 requires the
city to comply with all conditions of its pretreatment
permit by the end of 1997. The city determined that
full compliance required major modifications to its
facility.
John Morrell and Company, Inc. (South Dakota): A
second partial consent decree has been signed by the
defendants resolving the civil CWA case against
Morrell. The first partial consent decree, entered in
April 1996, resolved injunctive relief wherein
Morrell was required to do additional monitoring, a
pollution prevention audit, and a waste minimization
audit. The second partial consent decree calls for a
$250,000 penalty, a compliance audit, and a
management audit. It also implements EPA's Self-
Disclosure Audit Policy.
Sheyenne Tooling & Manufacturing Co., Inc.
(North Dakota): On December 30, 1996, a judicial
decision was issued in the CWA case against
Sheyenne Tooling & Manufacturing Co., Inc.,
assessing a $60,150 civil penalty, for Sheyenne's
violations of the categorical pretreatment standards
for metal finishers. The penalty amount was derived
by assessing $ 1 per day for each day of
noncompliance; finding an economic benefit of
$4,600 per year for ten years; assessing a general
penalty of $10,000 for failure to obey the regulations;
and requiring $500 for continuing to electroplate for
one week after receiving a compliance order from
EPA. The principle of requiring persons at fault to
be held to a level playing field was applied in this
case. The defendant operated a small-scale facility in
a sparsely-settled community.
The Telluride Company (Colorado): On April 25,
1997, a consent decree was signed calling for the
defendants to pay a civil penalty of $1.1 million and
restore approximately 11 acres of wetlands through
fill removal and approximately two acres through
hydrologic restoration. The required work also is
expected to hydrologically enhance an additional five
acres of wetlands. The consent decree also provides
for mitigation for 15 acres of wetlands impacts and
payment of $50,000 should the U.S. successftilly
appeal an adverse decision by the court on the statute
of limitations.
Entry of the consent decree resolves this long-
standing wetlands case involving unauthorized fills at
the Telluride Mountain Village, a major ski and golf
resort development in San Miguel County, CO, near
the town of Telluride. A prior consent decree calling
for payment of a civil penalty of $143,000 and
restoration of 15.43 acres of wetlands on the site and
26.5 acres off-site was rejected by the court in April
1994.
Trail King Industries (South Dakota): On March 4,
1997, the U.S. lodged a consent decree settling
alleged violations of CWA pretreatment regulations
for metal finishers. Trail King Industries of Mitchell,
SD, agreed to the payment of a $400,000 civil
penalty for its violations. This penalty is a record
recovery against a metal finisher in Region 8.
Additionally, Trail King agreed to construct a sample
collection point (manhole) outside its facility so that
local authorities and EPA have unconditional access
to sample wastewater discharges. Trail King also
agreed to have an independent environmental
compliance review of its facility for any compliance
issues relating to CWA and RCRA.
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EPCRA
Colorado Paint Company (Colorado): A consent
agreement was incorporated into a consent order on
May 12, 1997. In the agreement, Colorado Paint
Company (CPC) was ordered to comply with EPCRA
regulations. CPC committed to pay a penalty of
54,000 and to complete a SEP anticipated to cost
approximately $37,400. On June 22, 1995, an
administrative complaint containing fourteen counts
was issued to CPC alleging certain violations under
EPCRA.
Neoplan USA Corp. (Colorado): On January 7,
1997, the EPA and Neoplan USA Corporation
entered into an agreement in which Neoplan agreed
to pay a penalty of $26,239 and to expend at least
$27,000 on a SEP for violations of EPCRA §313
reporting requirements. The consent agreement was
incorporated into a consent order signed by the EPA
on January 8, 1997. The SEP will require Neoplan
over the next four years to lease spray gun cleaning
machines. These machines are expected to reduce
the amount of solvent emissions released into the air
from its Lamar, CO, facility by approximately 16,000
gallons a year.
RCRA
Envirocare (Utah): In December 1995, Utah's
Department of Environmental Quality (UDEQ)
issued Envirocare of Utah, Inc., an NOV for 31
violations of Utah rules and the RCRA permit that
governs operation of the company's hazardous and
radioactive waste facility near Clive, UT. Envirocare
is a commercial low level radioactive waste, mixed
waste (radioactive and chemical), and
uranium/thorium mill tailings waste disposal facility.
The facility accepts a large amount of waste from
numerous federal government generators.
In August 1997, Region 8 determined the potential
for harm was more serious than UDEQ had
concluded. The EPA proposed penalty in its
complaint was $601,503, as compared to UDEQ's
penalty of $79,000. An agreement in principle on
EPA's complaint was reached between EPA and
Envirocare at an October 14, 1997, meeting. The
terms of the agreement include payment of $197,000
by Envirocare to UDEQ.
North American Environmental, Inc.: On June 16,
1997, Roy N. Hart, President and former owner of
North American Environmental, Inc., was placed on
probation for three years with a special condition of
six-month home confinement between the hours of
10 p.m. and 6 a.m. He also was ordered to pay
restitution in the amount of $1,347,922, which
represents the amount paid by Freeport Center and
generators who removed their PCBs early in the
process. On April 15, 1997, Roy N. Hart pled guilty
to one felony count for the illegal disposal of
hazardous waste in violation of RCRA. Hart was
indicted previously on one count of RCRA storage
without a permit, one count of RCRA disposal, one
count of PCBs storage without a permit, and one
count of storage of PCBs in excess of one year.
Reclaim Barrel Supply Co., Inc., and Allstate
Container Inc. (Utah): On October 7, 1996, Ray F.
McCune, owner and operator of Reclaim Barrel
Supply Company, Inc., and Allstate Container, Inc.,
was sentenced to a prison term of 18 months, a
$20,000 fine, $100,000 in restitution, and one year of
supervised probation upon completion of his jail
sentence. McCune pled guilty to two counts of
illegal storage of hazardous wastes in violation of
RCRA, one count at Reclaim Barrel Supply and one
count at Allstate Container. Reclaim Barrel Supply
was a drum reconditioning facility located in West
Jordan, UT. In 1992, McCune abandoned the
facility, leaving behind a Superfund site totaling
$875,000 in cleanup costs. McCune then opened a
new drum reconditioning facility, Allstate Container,
Inc., approximately three miles down the road from
Reclaim Barrel in West Jordan, UT. During a 1993
EPA Criminal Investigations Division search
warrant, approximately 250 drums of illegally stored
hazardous waste were found and sampled. In
addition to the RCRA violations, McCune had
directed employees to open a sealed drain and
discharge pollutants, into the sewer system in
violation of McCune's non-discharge permit.
TSCA
Colorado School of Mines Research Institute
(Colorado): On September 3, 1997, Region 8 signed
a consent order approving and incorporating a
consent agreement resolving a TSCA PCB action
against the Colorado School of Mines Research
Institute (CSMRI) in Golden, CO. CSMRI, a not-for-
profit organization, agreed to conduct SEPs totaling
between $58,500 and $65,000.
July 1998
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REGION 9
CERCLA
Burbank Operable Unit (California): In late 1996,
EPA completed negotiations for a second consent
decree that will provide for an additional 18 years of
operation and maintenance for the interim remedy at
the Burbank OU of the San Fernando NPL sites.
Under the second consent decree, Lockheed Martin,
one of the responsible parties at the Burbank OU,
will fund substantially the remaining 18 years of
operation and maintenance for the interim remedy
and pay 100 percent of EPA's future response costs.
The City of Burbank will operate the system. The
other PRPs will cash out based on payments made to
Lockheed Martin as settlement of its contribution
action against them.
EPA also will recover approximately $11.8 million in
past basin-wide response costs under the second
consent decree. This amount represents a 62.5
percent share of basin-wide costs calculated through
September 30, 1995. EPA also has taken action to
reduce the costs of cleanup by $49 million, agreeing
to reduce the extraction rate and eliminate a
reinjection well field. The total costs associated with
the Burbank OU interim remedy will be
approximately $100 million.
The Burbank OU interim remedy also is a
groundwater extraction and treatment system which
currently requires extraction and treatment of 9,000
gpm, blending to reduce nitrate concentrations, and
delivery of the water to the City of Burbank.
Lockheed Martin currently operates the system under
a 1992 partial consent decree with Lockheed
Corporation (now Lockheed Martin), Weber Aircraft,
Inc., and the City of Burbank. The first partial
consent decree and unilateral order terms will expire
in approximately the year 2002.
DelAmo NPL Site (California): In early 1997, the
major PRPs at the Del Amo Superfund Site reached a
mediated agreement with the neighboring residential
community to voluntarily purchase and provide
relocation assistance to families living on 65 parcels
adjacent to the Del Amo NPL Site. Although the buy
out/relocation was not structured as a CERCLA
response action, EPA was a major participant
throughout the mediation process leading to this
unprecedented agreement. This mediation was
conducted on a parallel timetable with the EPA
Superfund remedial decision process for the Del
Amo Site Waste Pit OU. These waste pits are located
immediately adjacent to the residential lots that are
being purchased by the PRPs. The waste pits contain
high levels of hazardous substances such as benzene,
toulene, and other wastes from the production of
synthetic rubber. EPA issued an ROD for the Waste
Pit OU in September 1997.
Glendale North and South Operable Units
(California): At the Glendale OU of the San
Fernando NPL sites, EPA issued two unilateral
CERCLA orders in FY1997 to assure that cleanup
work continues. On November 26, 1996, after the
completion of remedial design under a 1994 AOC,
EPA required the completion of the first nine months
of pre-remedial construction. On September 30,
1997, EPA ordered the completion of the remainder
of the work required by the Glendale RODs. The
Glendale OU interim remedies are extraction and
treatment systems with separate extraction well fields
and a combined treatment plant. After treatment and
blending to reduce nitrates, the water will be
delivered to the City' of Glendale.
Hendler v. U.S. (California): On July 16, 1997, a
final judgement was issued in favor of the U.S. in the
Hendler Fifth Amendment "takings" litigation.
Property owners had sued the U.S. for damages on
the theory that installation of groundwater
monitoring wells on their property downgradient of
the Stringfellow landfill constituted a "taking" of
their property. .The Stringfellow landfill is a major
Superfund site in southern California.
The trial court held that the U.S. did not owe any
compensation to the plaintiffs for the installation and
sampling of the 20 groundwater monitoring wells on
the plaintiffs' property. (In 1991, the court had
found the imposition of these wells to be a "physical"
taking under the Fifth Amendment.) The basis for
the trial court's ruling was that EPA's activities
resulted in an increase in the value of plaintiffs'
remaining property interests that was greater than any
decrease attributable to the monitoring wells. Hence,
while there was a taking of monitoring well
easements, no compensation was due.
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Industrial Waste Processing Site (California): On
July 30, 1997, a consent decree was entered in
connection with the Industrial Waste Processing
(IWP) Superfund Site in Fresno, CA. IWP conducted
operations as an industrial waste reclamation facility
between 1966 and 1981. During IWP's years of
operation, various types of industrial wastes were
sent to the site, including spent solvents, lead solder
wastes, and glycol waste from natural gas production.
EPA added the site to the NPL in August 1990.
Under the terms of the consent decree, four PRPs
agreed to perform a non-time critical removal action
for the Soils OU at the site. The response action will
involve the excavation of on-site and surrounding
offsite surface soils containing lead in excess of 400
mg/kg and volatile organic compounds in excess of 7
mg/kg, as well as the transportation of that
contaminated soil to an offsite treatment and disposal
facility. In addition to performing the response
action, the settling PRPs will pay $50,000 in past
costs. (Under a prior administrative settlement, EPA
received payment of approximately $1.3 million in
past costs.) This settlement also implemented the
Orphan Share Reform at the IWP Site by providing
for a reduction of oversight costs in the amount of
5163,000.
Lorentz Barrel & Drum (California): On September
17,1997, EPA Region 9 entered into its third de
minimi's settlement for the Lorentz Barrel & Drum
Superfund Site. Lorentz Barrel & Drum is a former
barrel and drum recycling facility located in San
Jose, CA. Under the agreement, EPA will recover
SI ,042,296 and the California Department of Toxic
Substances Control (DTSC) will recover $490,492.
The agreement resolves EPA and DTSC's claims
against 42 de minimi's generators or transporters of
hazardous substances disposed of at the Site. EPA
and DTSC offered this settlement to 113 de minimis
parties, each of whom contributed no more than one
percent and no less than approximately 0.012 percent
of the total number of barrels sent to the site that may
have contained hazardous substances.
Newmark Groundwater Contamination Superfund
Site (California): Region 9 negotiated approximately
S5 million in source investigative work under a
voluntary agreement with the U.S. Army in
connection with the Newmark Groundwater
Contamination Superfund Site in San Bernardino,
CA. The Army will be performing the source
investigative work under the auspices of the Defense
Environmental Restoration Program for formerly
used defense sites in coordination with EPA's
Superfund program. This investigation may provide
information regarding the source of the groundwater
contamination at the Newmark site. This source
investigation is expected to culminate in an ROD for
the final remedy. Among other likely sources for the
suspected contaminants, EPA has identified Camp
Ono, a former World War II Army depot, as a
potential source of the contamination.
This high profile Superfund case involves the release
of chlorinated solvents to a groundwater resource that
serves 600,000 southern Californians. Groundwater
contamination at the Newmark site has spread to over
an eight-square mile area, introducing toxic
chemicals to seventeen municipal wells. In an effort
to mitigate the spread of contaminants as quickly as
possible, EPA provided approximately $20 million in
Superfund monies to construct groundwater
treatment systems as part of the interim remedies
adopted under two previous RODs.
North Hollywood Operable Unit (California): After
two years of litigation, EPA concluded its second
settlement for costs at the North Hollywood OU of
the San Fernando NPL sites. The second consent
decree, entered on May 14, 1997, recovered $4.8
million in site costs. Together with a prior settlement
in the case, EPA has recovered $8.75 million in costs
for response action at North Hollywood.
EPA's past costs in this case are attributable to the
construction and operation of the North Hollywood
OU interim remedy, operated through a cooperative
agreement with the State of California and the Los
Angeles Department of Water and Power (LAD WP).
LADWP currently operates the North Hollywood OU
interim remedy groundwater extraction and treatment
system and delivers the treated water to the public
drinking water supply. The North Hollywood OU
system began 24-hour operation, pumping
approximately 2,000 gallons per minute (gpm) in
December 1989, and is scheduled to operate through
the year 2004.
Operating Industries, Inc. (California): Region 9
took three significant enforcement actions at the
Operating Industries, Inc. (Oil) Superfund Site,
including the second unilateral order for site work,
completion of the sixth cost recovery settlement, and
initiation of special notice negotiations for
implementation of the fourth ROD.
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On March 7, 1997, EPA issued its second CERCLA
§106 unilateral order for the Oil site. The order
requires seven companies to perform $3.5 to $4.5
million in RD/RA work starting in May 1997. The
order assured the continuation of a portion of the
work previously performed under the first partial
consent decree, which ended on May 10, 1997. Five
of the seven respondents are in compliance.
On September 23, 1997, the sixth partial consent
decree was entered for the OH Superfund Site,
resolving the liabilities of GSF Energy, LLC (GSF),
the former owner and operator of a methane recovery
system at the Oil landfill, and GSF's former parent
company, Air Products, Inc., subject to standard
reopeners. This settlement was the first in Region 9,
and possibly the first in the country, to address the
CERCLA liabilities of a methane recovery owner or
operator. The sixth partial consent decree raised
$1.762 million for response costs at the Oil Site.
On September 30, 1997, the region issued a special
notice letter under CERCLA §122 to 270 major
generators, initiating negotiations for the
implementation of the fourth ROD. This negotiation
involves work and costs valued at approximately
$290 million, including an offer of $15 million in
orphan share compensation.
Santa Monica MTBE Groundwater Contamination
(Santa Monica, California): In June 1997, Region 9
and the Los Angeles Regional Water Quality Control
Board issued joint enforcement letters to parties with
ownership and/or operator responsibility for potential
sources of methyl tertiary butyl ether (MTBE)
contamination at the charnock Wellfield, a source of
drinking water for Santa Monica. Coordination with
California represents EPA's first enforcement action
to address this new contaminant. MTBE is a listed
CERCLA hazardous substance that has come into
increasingly high volume use as a gasoline oxygenate
pursuant to the CAA Amendments of 1990. In 1996,
MTBE contamination forced the closure of two
drinking water well fields (Arcadia and Charnock),
which previously supplied 50 percent of the water for
Santa Monica. The state is addressing the smaller
Arcadia site in a separate action.
U.S. v. Fontana Wood Preserving, Inc. (California):
On March 26, 1997, a partial consent decree was
entered with two of the defendants in U.S. v. Valley
Wood Preserving, Inc. Under the agreement,
Fontana Wood Preserving, Inc., and Michael
Logsdon have agreed to pay a total of $1.5 million in
past and future costs for cleanup of the Valley Wood
Preserving NPL site. The site is a 14.4-acre inactive
wood preserving facility in Turlock, CA. EPA has
been the lead agency for cleanup of the contaminated
soils and groundwater since 1989. Cleanup is
proceeding under a site-wide pilot study of in situ
groundwater treatment.
U.S. v. Iron Mountain Mines, Inc. (California):
EPA saw substantial progress at the Iron Mountain
Mine site in FY97, including a series of significant
court rulings in the cost recovery litigation, issuance
of two administrative orders, and selection of the
fourth ROD. In the first of the court's important
rulings in December 1996, the court held that the
defendant's counter-claims against the State of
California were limited to recoupment claims.
In late September 1997, the court issued three very
significant substantive rulings. In the first of these
decisions, the court agreed with the U.S. that Rhone-
Poulenc is the corporate successor to Mountain
Copper, the company that conducted virtually all of
the mining at Iron Mountain. The court also found
that Rhone-Poulenc's predecessor, Stauffer Chemical
Co., had expressly assumed the liability of Mountain
Copper. In a separate opinion, the court agreed with
the EPA interpretation of the narrow limitation in
CERCLA §104(a)(3)(A) that the limitation does not
apply if an EPA action incidentally captures naturally
occurring substances. In addition, releases altered by
mining are not naturally occurring. It is the PRP's
burden to show that an action was taken in response
to naturally occurring substances. In the last of the
court's rulings in FY97, the court held that review of
EPA's first two RODs will be limited to the record
and based on an arbitrary and capricious standard.
In November 1996, EPA amended an administrative
order to require the PRPs to use a more reliable and
cost effective treatment method at the treatment plant
at the site. Operation of the plant during the 1996-97
season demonstrated the effectiveness of the new
treatment technology. In September 1997, Region 9
issued the fourth ROD for Iron Mountain and ordered
the PRPs to implement the selected response action.
The response action will capture and treat
approximately two-thirds of the currently untreated
releases of copper from Iron Mountain, which,
combined with other response actions, will reduce
site-wide metal loads by approximately 95 percent.
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U.S. v. Montana Refining (Nevada): On August 28,
1997, the U.S. lodged a consent decree concluding
the litigation for the Poly-Carb Superfund Site.
Pursuant to the consent decree, Montana Refining
Company, the sole generator in the case, will pay
$665,000 in past costs. The owner\operators in the
case are either bankrupt, defunct, or have no assets.
The Poly-Carb facility was the site of a proposed
waste conversion business in a sparsely populated
area near Wells, NV. The sole generator, Montana
Refining Company, shipped 9,000 gallons of
phenolic caustic to the site, and on May 27, 1985,
approximately 8,000 gallons of the caustic spilled
from the holding tanks and contaminated 300 cubic
yards of soil. EPA conducted a CERCLA removal
action in late 1987 and later brought a civil action to
recover its costs.
South Indian Bend Wash, Middlefield-Ellis-
Whisman, San Gabriel Valley, and South Bay
Asbestos Superfund Sites (Arizona and California):
Region 9 completed five prospective purchaser
agreements in FY97, each of which facilitated the
redevelopment of properties at Superfund sites and
provided for added resources to the Superfund
cleanups. In the first prospective purchaser
agreement, entered into in February 1997, the
covenant not to sue will allow JPI Texas
Development, Inc., to purchase approximately 27
acres located within the South Indian Bend Wash
NPL Site for purposes of building and operating a
500-unit student dormitory near Arizona State
University. A second portion of the property will be
developed as a shopping mall, and six acres will be
dedicated as a public park. JPI will pay $75,000 to
EPA and will not abandon a monitoring well, saving
EPA an estimated $25,000 in construction costs.
In April 1997, EPA concluded a prospective
purchaser agreement for an 80-acre parcel formerly
used for computer chip manufacturing. The parcel is
the major source of groundwater contamination at the
Middlefield-Ellis-Whisman NPL Site in Mountain
View, CA. The developers plan to build and operate
high-tech research and office facilities in a campus-
like setting on the property. The prospective
purchaser will pay $200,000 to EPA, enabling the
Agency to continue sampling at a nearby monitoring
well for an additional two years.
A July 1997 prospective purchaser agreement in the
San Gabriel Valley Superfund Sites (Puente Valley
OU) in Los Angeles, CA, allows the prospective
purchaser, Ekstrom Properties, and lessee, Cardinal
Industrial Finishes, to develop a vacant 11-acre
parcel that is a significant source of groundwater
contamination in the City of Industry. Cardinal
intends to lease the property from Ekstrom and
construct a low VOC-emission powder coatings
manufacturing plant. As part of the agreement,
Cardinal will pay $150,000 into a special account for
EPA response actions in the Puente Valley OU.
In September 1997, Region 9 completed two
agreements for the South Bay Asbestos NPL Site
located in Alviso, CA, a low-income Latino
community. The East Parcel agreement will allow
Lincoln Property Company No. 2233 to purchase and
develop a 17.5- acre parcel located in San Jose, CA.
In consideration, Lincoln will pay a total of $125,000
and maintain the existing caps on the East Parcel; any
excavation on the East Parcel must comply with the
Soil Management Plan approved by EPA. The West
Parcel agreement will allow Lincoln 237 Associates
Limited Partnership to purchase and develop an
adjacent 6.5-acre parcel located in San Jose, CA. In
consideration, Lincoln will pay a total of $75,000.
Lincoln plans to develop these parcels for research
and development offices, as well as retail, light
industrial, and restaurant uses, and estimates the
creation of approximately 1,000 new jobs.
CLEAN AIR ACT
U.S. v. North American Chemical Company
(California): On April 25, 1997, a consent decree
was entered in this case for CAA violations. North
American Chemical Company (NACC) owns and
operates a nonmetallic mineral processing facility in
Trona, CA, which consists of the Argus, Trona, and
Westend plants. NACC violated PM emission limits
in the California SIP for San Bernardino County.
NACC also failed to comply with certain NSPS
notice and testing requirements and PM limits.
Finally, NACC constructed a modification to a gas
turbine at the Westend facility that increased NOX
emissions over applicable "significance" thresholds.
NACC failed to obtain a prevention of significant
deterioration (PSD) permit for the modification and
continued to operate the turbine without meeting a
limit for NOX achieved through implementation of
BACT. (Alternatively, the U.S. alleged that NACC's
gas turbine emitted NOX in excess of an applicable
SIP limit.)
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The consent decree requires NACC to pay a penalty
of $320,000 and to install emissions controls on the
gas turbine to comply with the applicable SIP limit
forNOx. NACC's installation of selective catalytic
reduction at the turbine will reduce NOX emissions by
at least 125 tons per year. The decree also requires
NACC to expend at least $140,000 on a SEP. The
SEP will reduce emissions of PM with a less than or
equal to a nominal 10 micrometers (PM,0) at the
facility by at least 30 tons. NACC is located in a
nonattainment area for PM10.
U.S., Unitek Environmental Services, and Unitek
Solvent Services v. Hawaiian Cement: On
September 15, 1997, a consent decree was lodged in
the Hawaiian Cement case for violations of a fugitive
dust emission limit in the Hawaii SIP. Hawaiian
Cement owns and operates a Portland cement
manufacturing plant in the Campbell Industrial Park
on Oahu, HI. The conveyance, grinding, and storage
of materials in the cement manufacturing process
generate fugitive emissions of PM. Monitoring data
collected between 1994 and 1996 demonstrated that
Hawaiian Cement usually exceeded the SIP limit.
The consent decree requires Hawaiian Cement to pay
a penalty of $1.16 million and to undertake facility-
wide measures to reduce fugitive emissions and
comply with the SIP. These measures include
installation of enclosures around the finish mills and
clinker storage building, engineering evaluations of
control equipment, and monitoring for fugitive
emissions. In addition, Hawaiian Cement will
evaluate any offshore impacts of its fugitive dust
emissions.
CLEAN WATER ACT
U.S. v. Appel (California): In April 1997, DOJ tried
EPA's case against John Appel for discharging fill
material (wastes from his tree-trimming business and
substantial cubic yardage of earthen material) into the
Ventura River in Ventura County, CA, without a
CWA §404 permit. The court ordered Appel to
implement the government's restoration plan and
announced it would make a decision regarding a
"significant" penalty within a month. Appel also was
convicted in state court of a felony violation of the
California Water Code for his activities. Appel
appealed this 1995 conviction, but it was upheld by
the California Court of Appeals and the California
Supreme Court. EPA provided assistance and
testimony in the state's criminal prosecution.
U.S. v. Berry Petroleum (California): In February
1997, a consent decree was entered in a CWA oil
spill case against Berry Petroleum Company. EPA's
§311 enforcement action was a significant part of a
larger, multi-agency (federal and state) case that
included all claims relating to the December 1993
spill of about 2,000 barrels of crude oil from an oil
production facility into a wetland area located
adjacent to McGrath State Beach, near Oxnard, CA.
The crude oil also reached the Pacific Ocean and
coated nearby beaches. The spill caused documented
bird kills and damaged a sensitive wetland habitat.
The spill was caused, in large part, from Berry's
negligent failure to implement its SPCC Plan, in
violation of EPA's SPCC regulations.
The consent decree resolved claims brought by EPA
and several other federal and California state
agencies. The decree required Barry to pay $800,000
in civil penalty for EPA's CWA §311 claims and
additional civil penalties of $200,000 to the
California Regional Water Quality Control Board for
Porter-Cologne Act violations as well as $25,000 to
the U.S. Fish and Wildlife Service (USFWS) for
Endangered Species Act (ESA) violations. The
decree further required Berry to reimburse various
federal and state agencies $830,100 for response
costs and damage claims arising out of the oil spill.
Finally, Berry was required to transfer $1,315,000 to
a trust that will be administered by the National Fish
and Wildlife Foundation and used to implement long-
term restoration measures under the supervision of
the various natural resource trustee agencies.
U.S. v Pacific Gas & Electric Co. (California): On
May 27, 1997, EPA, DOJ, and the State of California
lodged a consent decree, settling a CWA case against
Pacific Gas & Electric Co. (PG&E). Under the terms
of the settlement, PG&E will pay $14,040,000,
including $7.1 million in civil penalties to the state
and EPA and over $6 million for environmental
enhancement and restoration. The violations arose
out of PG&E's incomplete and inaccurate reporting
of data required in the mid-1980s to ensure that the
Diablo Canyon cooling water intake system complied
withCWA§316(b).
PG&E owns and operates the Diablo Canyon Nuclear
Power Plant located on the central California coast
near San Luis Obispo. This plant pulls in sea water
for cooling its condensers and then discharges the
heated water to the Pacific Ocean. It began operation
in 1985 and has been regulated under two successive
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NPDES permits issued by the Regional Water
Quality Control Board for the Central District of
California (Regional Board) in 1985 and 1990. The
1985 permit required submission of a report to
demonstrate compliance with CWA §316(b) by May
1988. Although PG&E submitted a report in April
1988 purporting to demonstrate that the cooling
water intake system complies with §316(b), it later
was learned that PG&E omitted critical data from the
report which may have altered its conclusions.
PG&E's employees and contractors brought the
omitted data to PG&E's attention in January 1992,
yet PG&E failed to disclose the data to the regulating
agencies until 1994.
The data PG&E omitted from its 1988 study called
into question the accuracy of its sampling for
entrainment. The routine entrainment sampling was
conducted only at the discharge point rather than at
the intake. This sampling may have dramatically
understated the actual entrainment impacts by not
accurately including the amount of organisms
actually entering the intake system.
U.S. v. City of San Diego (California): On June 6,
1997, a stipulated final order was entered, settling
long-standing enforcement action against the City of
San Diego to address deficiencies with the city's
sewage treatment facilities. The parties negotiated a
consent decree lodged in January 1990, resolving
injunctive relief issues. This decree engendered
substantial controversy, and eventually was rejected
by the court in 1994. During the pendency of the
1990 consent decree, San Diego implemented
projects that resolved the pretreatment, sludge
handling, and water quality standards violations, and
partially addressed sewage spills issues. The court
assessed a S3 million civil penalty; however, it
suspended S2.5 million of this assessment on the
condition that San Diego perform a water
conservation project proposed by the Sierra Club, an
intervenor. In 1994, Congress enacted legislation
which allowed San Diego to apply for a waiver from
CWA's secondary treatment requirements. In 1995,
EPA approved the waiver, resolving that issue.
Following rejection of the consent decree in 1994,
EPA and San Diego negotiated a stipulated final
order (which functions as a consent decree) resolving
the remaining issues in the case. The order requires
San Diego to continue work on certain infrastructure
projects called for in the 1990 consent decree. The
order also requires San Diego to replace 200 miles of
decaying concrete sewers. In addition, San Diego is
required to audit its pump stations and force mains to
identify potential problems; increase it efforts to
reduce grease loadings to its system through public
outreach and increased regulation of restaurants; and
upgrade its data collection and modelling
capabilities. The stipulated final order requires
between $60 million and $200 million in new work
(depending on the extent of concrete main
replacement required). The projects in the order will
cost the city over $1 billion.
U.S. v. Simpson Timber Co. and Simpson Redwood
Co. (California): On April 25, 1997, a consent
decree was entered, settling EPA's CWA §404
enforcement action against Simpson. The case
involved the deep ripping of vernal pools at
Simpson's Tehama Fiber Farm to prepare the soil for
the planting of eucalyptus trees. The consent decree
requires Simpson to pay a civil penalty of $30,000;
perform SEPs worth $200,000; and preserve 3,690
acres of property containing extensive vernal pool
complexes, mostly on off-site land which Simpson
has purchased near the Tehama Fiber Farm. Under
the agreement, Simpson may continue planting and
harvesting trees on land that they had already deep
ripped because, once deep ripped, vernal pools
cannot be restored. The SEPs require Simpson to
give $50,000 to the Nature Conservancy to purchase
80 acres of vernal pool habitat to augment the
Conservancy's existing Vina Plains Preserve in
Tehama County. In addition, Simpson is required to
grant a permanent easement to the City of Albany,
OR, to use a 132-acre tract of Simpson-owned
wetlands on the Willamette River for a public park
and wildlife conservation area.
EPCRA
Burns Philp Food, Inc., d/b/a Fleischmann's Yeast;
Fresh Start Bakeries, Inc.; Haleakala Dairy; House
Foods Hawaii Corporation, d/b/a Foremost Dairies-
Hawaii; and Pint Size Corporation (Hawaii): On
July 9, 1997, Region 9 concurrently filed five
complaints and five CACOs resolving violations of
EPCRA §312. The violations concerned five
facilities in Hawaii (the Pint Size Corporation in
Aiea; Fresh Start Bakeries, Inc., in Waipahu; House
Foods Hawaii Corporation, d/b/a Foremost Dairies-
Hawaii, in Honolulu; and two facilities in Kahului
and Makawao operated by Haleakala Dairy, a Hawaii
Limited Partnership) and the Burns Philp Food, Inc.,
d/b/a Fleischmann's Yeast, facility in Oakland, CA.
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These cases .were part of EPA's national EPCRA
§312 Food Sector Enforcement Initiative. Under the
initiative, EPA offered non-complying companies an
opportunity to pay a reduced penalty in exchange for
immediate compliance. Companies were invited to
sign a §312 sector enforcement agreement, agreeing
to immediately submit completed chemical inventory
forms and pay a stipulated penalty of $2,000 per
facility. Each of these companies signed such an
agreement with Region 9.
Dreyer's Grand Ice Cream, Inc. (California): On
April 16, 1997, EPA filed a CACO, resolving
violations of EPCRA §304 and CERCLA §103 by
Dreyer's Grand Ice Cream, Inc. (Dreyer). Under the
terms of the agreement, Dreyer paid $41,000 in civil
penalties. This enforcement action involved
ammonia release incidents in 1993 and 1995. In
1993, Dreyer released approximately 4,000 pounds
of anhydrous ammonia from its facility in
Commerce, CA, and failed to notify federal and state
responders for nine days. Dreyer also failed to
provide follow-up information to the state. Dreyer
had another ammonia release in 1995, and failed to
notify the authorities for approximately six hours.
During the pendency of this action, Dreyer initiated a
new company practice for responding to ammonia
release events. Dreyer will notify immediately the
emergency response authorities concerning releases
whenever Dreyer cannot immediately confirm that
the release involves less than the reportable quantity.
Kraft Foods, Inc. (California): On March 5, 1997,
EPA filed a CACO, resolving violations of EPCRA
§304 and CERCLA §103 by Kraft Foods, Inc.
(Kraft). This case involved an ammonia release
incident at Kraft's facility in Tulare, CA. Under the
terms of the agreement, Kraft paid a civil penalty of
$10,000 and completed a $20,000 emergency
planning and preparedness SEP.
Union Oil Company of California (California): On
May 22, 1997, EPA filed a CACO, resolving
violations of EPCRA §304 and CERCLA §103 by
Union Oil Company of California (UNOCAL). This
enforcement action involved releases of
diethanolamine and hydrogen sulfide from the
UNOCAL San Francisco Refinery in Rodeo, CA. In
1994, UNOCAL had two chemical release events at
its San Francisco Refinery involving approximately
10,260 pounds of diethanolamine and 200 pounds of
hydrogen sulfide. UNOCAL did not notify federal or
state responders for several weeks. The UNOCAL
civil penalty represents the largest penalty ever
collected in EPA Region 9 for emergency release
notification violations. UNOCAL paid $100,900 in
civil penalties for the EPCRA violations and
$274,300 for the CERCLA violations.
U.S. Valley Wood Preserving, Inc. (Turlock,
California): On March 26, 1997, the Eastern District
of California entered a partial consent decree with
two of the defendants in U.S. v. Valley Wood
Preserving, Inc. Under this agreement, Fontana
Wood Preserving, Inc. and Michael Logsdon have
agreed to pay a total of $1.5 million in past and
future costs for remediation of the Valley Wood
Preserving NPL site.
FIFRA
Scotts-Sierra Crop Protection Company (Ohio): On
February 12, 1997, the judge granted EPA's motion
for accelerated decision in this enforcement action
brought under FIFRA. In July 1987, EPA began a
Special Review, an administrative procedure used to
determine whether the use of a pesticide,
ethylenebisdithiocarbamates (EBDC), poses
unreasonable risks to human health or the
environment. EBDCs are a group of pesticides
registered to protect a wide variety of fruit and
vegetable crops against fungal pathogens. EBDCs
also have several non-food agricultural uses,
including ornamental plants, turf, and soil treatment.
EPA began the review because it suspected ETU (a
common degradate, metabolite, and contaminant of
EBDCs) of being a potential cause of cancer, birth
defects, and thyroid problems.
On March 2, 1992, EPA published in the Federal
Register the Notice of Intent To Cancel and
Conclusion of Special Review (hereinafter Notice)
pertaining to all registrations of pesticide products
containing EBDCs. Grace-Sierra, the predecessor in
interest to Scotts-Sierra Crop Protection Company
(Scott-Sierra), acknowledged receipt of the Notice by
a copy of the Return Receipt dated March 13, 1992.
Grace-Sierra, however, continued to sell its EBDC
products until May 1993. On January 29, 1996,
Region 9 issued an administrative complaint alleging
157 violations of FIFRA for the distribution or sale
of an unregistered pesticide.
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RCRA
Bureau of Indian Affairs (BIA) (Ft. Defiance);
BOR (Yunta Desalting Plant); and National Park
Service (NPS) (Hawaii Volcanoes National
Park)(Arizona and Hawaii): In September 1997,
Region 9 resolved administrative RCRA enforcement
actions against three separate bureaus and services
within DOI, including the BOR (Yuma Desalting
Plant), BIA (Ft. Defiance) and NPS (Hawaii
Volcanoes National Park). In each case, DOI agreed
to implement significant SEPs and to pay a penalty.
All three DOI facilities had RCRA violations related
to storage of hazardous waste.
The Hawaii Volcanoes National Park agreement,
approved on September 10, 1997, provides for a cash
penalty of $41,100 and a SEP with an estimated total
cost of $519,687. Under the SEP, NPS will develop
a series of model plans for eventual use throughout
the entire national park system. The model plans
include a hazardous waste management plan and
contract; an integrated contingency plan; a shooting
range management plan; a hazardous materials
management and pollution prevention plan; and a
hazardous materials worker safety plan.
Under the terms of a September 29, 1997, consent
agreement with BIA for violations at its Fort
Defiance, AZ, facility, BIA will pay a cash penalty of
$48,423 and perform three SEPs estimated to cost
$617,699. The first SEP requires BIA to retain an
independent consultant to conduct environmental
compliance audits at approximately 100 BIA
facilities throughout the Navajo Reservation. Under
the second SEP, BIA will prepare standard operating
procedures and contingency plans for the same
facilities. The third SEP requires the BIA to provide
HAZWOPER training to maintenance staff and
faculty at schools throughout the Navajo Reservation.
The third DOI settlement resolved RCRA violations
at the BOR Yuma Desalter in Arizona. Under this
September 30, 1997, agreement, BOR will pay a cash
penalty of $36,769 and perform two SEPs with an
estimated total cost of $768,712. The first SEP
requires BOR to retain an independent environmental
consultant to conduct environmental compliance
audits at six BOR facilities along the lower Colorado
River. Under the second SEP, BOR will purchase
equipment and work with state, local, and tribal
governments to develop a hazardous substance spill
response team for the lower Colorado River.
U.S. v. Hawaiian Western Steel (Hawaii): In August
1997, a consent decree was entered, resolving EPA's
claims against Cominico Ltd., the last defendant in
the Hawaiian Western Steel case. The consent decree
provides for payment of a $425,000 penalty by
Cominico. In addition, Cominico has agreed to
perform the obligations of Hawaii Western Steel and
the Cambell Estate under a prior decree if those
entities do not perform their obligations properly and
promptly. These obligations include conducting a
RCRA Facilities Investigation and Corrective
Measures Study and implementing the selected
corrective measures. This settlement is particularly
significant because the defendant is a foreign
corporation that was a corporate "grandparent" of the
company most directly involved in the violations.
The case also is important in that the contamination
may have affected people who fish and endangered
species that live near the facilities.
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REGION 10
CERCLA
Alaska Railroad Corp. (Alaska): On December 11,
1996, a partial consent decree was entered in U.S. v.
Alaska Railroad Corp., etal., settling EPA's claims
for past costs and reimbursement of oversight costs
related to cleanup at the Standard Steel & Metals
Salvage Yard Superfund site in Anchorage, AK. The
site was owned and operated by the Federal Railroad
Administration until 1985 when the Alaska Railroad
was transferred to the State of Alaska. In the
settlement, the U.S. recovered $2.7 million of its past
costs incurred in completing an emergency removal
at the site. The partial consent decree contained an
agreement by all defendants to reimburse Chugach
Electric Association for the cost of the RI/FS, which
it agreed to perform under an AOC with EPA in
1992, and to pay EPA's RI/FS oversight costs and all
other response costs incurred by EPA. The partial
consent decree also contained an agreement by the
settling federal agencies and the Alaska Railroad
Corporation to pay 64 percent of all future costs
incurred at the Standard Steel site after issuance of
the ROD.
On September 28, 1997, the U.S. filed an amended
complaint and moved to lodge a RD/RA consent
decree. The complaint amends the previous cost
recovery complaint by adding a count for injunctive
relief for performance of the cleanup at the site. The
RD/RA consent decree settles the case by obtaining
the agreement of the settling defendants to perform
the RD/RA and long-term monitoring at the site at an
estimated cost of $6.5 million. The settling
defendants also agreed to reimburse EPA's oversight
costs. EPA agreed to reduce its oversight costs by
approximately $58,000, which represents the share of
cleanup costs owed by Montgomery Ward & Co., a
named defendant in the case, which filed for
bankruptcy in June 1997.
Kerr-McGee (Idaho): Kerr-McGee Chemical
Corporation (KMCC) agreed to perform the remedial
action set forth in the ROD issued for the Caribou
County, ID, site, and to pay all outstanding EPA past
costs associated with the site, as well as all EPA
future oversight costs associated with implementation
of the ROD. The site is contaminated with
phosphorus mining products, including vanadium.
KMCC received the standard covenants, contribution
protection, and other consideration granted by the
model Superfund RD/RA consent decree.
Subsequently, KMCC sought an extension of time to
eliminate its primary liquid waste stream in
accordance with the ROD. In exchange for a
deadline extension to meet the ROD-prescribed
liquid source elimination, KMCC agreed in a
stipulation to pay a civil penalty of $500,000 if the
extended deadline is not met, and to waive any
judicial review of the imposition of such civil
penalty.
Northwest Pipe and Casing (Oregon): Northwest
Pipe and Casing (NWPC) agreed to pay almost
$3.2 million toward cleanup of the 53-acre Oregon
site upon which it formerly conducted coating and
manufacturing operations, which resulted in
widespread polyaromatic hydrocarbon (PAH), PCB,
and metal contamination of the site. The
groundwater beneath the site contains elevated levels
of vinyl chloride. Following receipt of EPA's
Special Notice letter in 1995, NWPC filed an action
in bankruptcy court, seeking a ruling that all of
EPA's claims had been discharged in a bankruptcy
action. Two other PRPs settled in 1997. Wayne Hall
and the State of Oregon signed consent decrees
requiring Hall to pay $1 million toward cleanup costs
and turn his real property at the site over to the State
of Oregon, which agreed to hold the property in trust
for the future benefit of EPA. Negotiations with a
fourth PRP, Northwest Development Company, are
ongoing.
This case is a major accomplishment because the
parties most liable for the contamination at the site
will pay almost $4.2 million toward site cleanup.
The settlements took over a year and a half to
finalize, but are significant because they represent a
diligent effort by the Agency to obtain a settlement
with parties who previously claimed they possessed
no ability to pay or had no liability for the site
contamination.
South Tacoma Field (Washington): This case
resolved EPA's claims for cost recovery and
injunctive relief under CERCLA §§106 and 107.
Pursuant to the consent decree, the settling
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defendants paid the U.S. $2 million in past response
costs, agreed to reimburse the U.S. for its future
response costs, and agreed to perform a $17.3 million
cleanup. The cleanup addresses lead contamination
caused by the operation of a foundry and railroad
repair yards. There were three important features to
the settlement: 1) the settlement recognized an
orphan share of $111,774; 2) the settlement
trifurcated liability among three groups of settling
defendants (within each group liability was joint and
several); and 3) the settlement required each owner
settling defendant to file an environmental protection
easement and restrictive covenant that provided EPA
with both future access to the site and the ability to
limit future land/water uses within the site to
activities consistent with the level of protection
achieved by the implemented cleanup.
Teledyne Wait Chang Albany (Oregon): The
consent decree in this case was entered in April 1997.
The settlement is significant in achieving agreement
with a PRP who consistently expressed a preference
for a UAO and refused to pay EPA oversight costs
related to an earlier UAO issued for remediation of
sludge ponds. In this settlement, the defendant
agreed to pay 100 percent of those past UAO
oversight costs ($99,687), including interest. The
cooperative working relationship achieved by the
settlement is of great importance to the Agency in
facilitating the cleanup at this complex, actively
operating facility. Teledyne is one of only two
facilities in the U.S. that produce zirconium metal.
Teledyne has agreed to: 1) design and implement the
remedial actions selected in the RODs at a cost of
approximately $7.5 million; 2) pay $154,000 to the
U.S. in reimbursement of past response costs
incurred at the site through September 30, 1993; and
3) reimburse the co-plaintiffs, the U.S. and the State
of Oregon for 100 percent of past and future response
costs incurred in connection with the site from
October 1, 1993, until the RD/RA is completed. The
RODs require remediation of on-site groundwater
through extraction and treatment; excavation and
disposal of PCB-contaminated sediments; creek bank
stabilization to prevent further sediment
contamination; excavation and offsite disposal of soil
contaminated with radium; building restrictions for
radon control, and the implementation of institutional
controls, which will ensure that future land uses of
remediated properties are consistent with the
implemented cleanup.
CLEAN AIR ACT
Alaska Pulp Corp. (Alaska): On December 28, 1995,
a complaint was filed against the Alaska Pulp
Corporation (APC) alleging violations of the CAA
federally-approved provision of the Alaska, SIP
limiting particulate emissions from APC's Sitka pulp
mill. The complaint alleged that on at least 250 days
be .veen January 1, 1991, and September 30, 1993,
average emissions from the APC Sitka pulp mill
exceeded two pounds of PM per ton of pulp
produced, in violation of the SIP. On January 17,
1997, an order was entered, settling the case for a
civil penalty of $646,759 based on an economic
benefit calculation of $634,759 and a gravity
component calculation of $12,000. No injunctive
relief was required because the pulp mill was closed
in 1993.
Kalama Chemical, Inc. (Washington): On March
28, 1997, a consent decree was entered between
EPA, Kalama Chemical (KCI), and the State of
Washington's Southwest Air Pollution Control
Authority (SWAPCA), resolving KCI's numerous
violations of the benzene and asbestos NESHAPs and
the NSPS under CAA. EPA alleged that KCI failed
to comply with the equipment testing, leak
monitoring and leak detection, and reporting
requirements of the benzene NESHAP from 1984 to
1995, and also failed to comply with the initial
notification, performance testing, and reporting
requirements under Subpart NNN of the NSPS from
1991 to 1995. The decree requires KCI to comply
with all applicable NESHAP and NSPS regulations
and pay a penalty of $555,000 ($185,000 to be paid
to SWAPCA). KCI also must perform six SEPs,
including: 1) a pollution prevention audit; 2) a
fugitive emissions audit; 3) installation of a
regenerative thermal oxidizer on its vent streams to
reduce CO and VOC emissions (which is expected to
cut benzene emissions by 18 tons per year, toluene
emissions by over four tons per year, and CO
emissions by over 1,050 tons per year); 4) installation
of a continuous emissions monitoring system (the
compliance determination method to be used by KCI
in its Title V permit) to measure emissions being
released; 5) a tie-in of its benzene storage tank
emissions into the existing carbon adsorption system;
and 6) a tie-in of its toluene storage tank emissions
into a condenser to control emissions. KCI's cost to
perform these SEPs is $1,351,838.
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Ketchikan Pulp Corp, (Alaska): Under the terms of a
consent decree entered on January 22, 1997, the
Ketchikan Pulp Corporation (KPC) agreed to pay a
penalty of $259,000 for its violation of an EPA
compliance order and for its failure to obtain a PSD
permit, as required by CAA §165 and 40 CFR
§52.21, before constructing a woodwaste burner at its
sawmill on Annette Island, which is within the
Metlakatla Indian Annette Island Reservation in
southeast Alaska. KPC also agreed to dismantle its
woodwaste burner.
Mapco Alaska Petroleum, Inc. (Alaska): On
November 15, 1996, a consent decree was filed,
resolving CAA violations against the Mapco Alaska
Petroleum facility in North Pole, AK, (Mapco North
Pole). A complaint was filed concurrently with the
consent decree. The complaint alleged that Mapco
North Pole violated 13 different requirements of the
NSPS between 1977 and 1996. In settlement of the
complaint, Mapco North Pole agreed to pay a civil
penalty of $425,000 and to incur at least $689,000 in
capital costs and $40,000 in annual operation and
maintenance costs for two different SEPs at the
facility. The projects are expected to reduce
anticipated VOC emissions from the facility by
approximately 18 tons per year.
CLEAN WATER ACT
BP Exploration, Inc. (Alaska): BP Exploration, Inc.,
operates a remote oil exploration and development
facility located in the Beaufort Sea, AK. From
January 1992 to October 1995, the facility violated
its NPDES discharge limits for fecal coliform
bacteria, BOD, TRC, pH, and flow. A letter
notifying the facility of the violations and providing
it an opportunity to explain the violations was sent in
March 1996. In July 1996, Region 10 issued an
administrative complaint proposing a penalty of
$59,500. In October 1996, the facility and EPA
settled the complaint for the full amount of the
proposed penalty.
Jerome Cheese Co. (Idaho): An administrative
complaint was filed in 1995 against Jerome Cheese
Co. for alleged violations of the pretreatment
standards. Specifically, the region alleged that
Jerome Cheese caused interference and pass-through
by discharging excessive amounts of waste whey into
the City of Jerome's POTW, which led to an upset of
the POTW and subsequent violations by the POTW
of its NPDES permit. The upset was so significant
that it took almost two weeks for the city to regain
control of its treatment system after the company's
spill of whey. Jerome Cheese agreed to pay a penalty
of $40,000 after submitting to alternative dispute
resolution mediated by an EPA ALJ.
FIFRA
Precision Helicopters, Inc. (Oregon): In its April 17,
1997, complaint, EPA charged Precision Helicopters,
Inc., with three FIFRA violations based on the
respondent's aerial application of the herbicide
Riverside 2,4-D in a manner inconsistent with its
labeling. The herbicide's label requires applicators to
keep unprotected persons and pets out of treated
areas until sprays have dried. The area sprayed is in
a known hunting area in Eastern Washington
frequented by duck hunters, pheasant hunters, and
others. The helicopter pilot admitted seeing hunters
and dogs in the area shortly before the aerial
application. In addition, the herbicide was applied in
a much higher concentration than prescribed by the
label.
This case originated with the Washington State
Department of Agriculture. It was referred to EPA
after the state received heavy criticism in the media
for its handling of the investigation. EPA conducted
a thorough investigation, issued a complaint, and
quickly resolved the case. EPA obtained a penalty of
$1,500, the maximum fine allowed for a first offense
by a for-hire applicator. This case has led to
increased communication between EPA and the
Federal Aviation Administration (FAA) with respect
to FIFRA violations involving aerial application.
RCRA
Fort Richardson and Fort Wainwright (Alaska): On
April 29, 1994, EPA issued RCRA §3008(a)
complaints and compliance orders to these two Army
bases in Alaska. The complaints were issued as a
result of inspections conducted the previous year by
EPA and the Alaska Department of Environmental
Conservation (ADEC). The complaint issued to Fort
Richardson sought a civil penalty of $1,337,332 for
twelve violations and the complaint issued to Fort
Wainwright sought a civil penalty of $659,450 for six
violations. The complaints alleged improper storage
of hazardous waste, storage of hazardous waste
without a permit or interim status, failure to maintain
proper records, and violations of land disposal
restriction (LDR) requirements contained in
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Subchapter III of RCRA and the regulations
promulgated thereunder.
On November 15, 1996, the Army and EPA signed a
CACO to settle the enforcement actions for both
facilities. The CACO required the Army to pay a
$200,000 civil penalty and perform two SEPs. The
SEPs required the Army to spend a total of $1.3
million to build a state-of-the-art hazardous waste
training center at Fort Richardson and to install
hazardous waste storage lockers at Fort Richardson
and Fort Wainwright.
U.S. Coast Guard (Alaska): On July 12, 1995, EPA
filed an administrative complaint against the U.S.
Coast Guard in Kodiak, AK, alleging three RCRA
violations. The first count alleged failure to comply
with an existing federal facility compliance
agreement by failing to implement a groundwater
monitoring program at the "Laundry Unit" of the
facility. The second and third counts alleged storage
of hazardous waste in two waste piles without a
permit or interim status. The penalty assessed in the
complaint was S1,018,552. After extensive
settlement discussions, on January 22, 1997, a
consent agreement was entered which required the
respondent to pay $602,260 in civil penalties. As a
result of this action, the two waste piles, with a
combined total of 359 cubic yards of lead-
contaminated debris, were contained.
TSCA
Asbestos Services International (Oregon): On
August 18, 1997, EPA suspended its approval of five
Asbestos Services International (ASI) courses
because of the willfulness of the violations and the
importance of proper training for the protection of
public health, safety, and the environment. The
suspension will last until August 18, 1998, or until
ASI provides EPA with full access to all required
records, whichever is later. ASI has requested a
hearing on the suspension.
During the May 1996 audit, EPA requested and was
refused access to ASI's records. On April 10, 1997,
and June 18, 1997, EPA requested access to these
records or copies of them. ASI either failed to
respond or inadequately responded to these requests.
Failure to provide reasonable access to records;
failure to submit required information or notifications
in a timely manner; failure to maintain requisite
records; and failure to adhere to the training
standards and requirements of the MAP are the
violations which form the basis for suspending or
withdrawing approval from accredited training
programs.
NBA Environmental (Idaho): On September 24,
1997, Region 10 suspended until June 1998 its
accreditation approval under the AHERA Revised
Model Accreditation Plan (MAP) for the contractor
supervisor basic course provided by Neil Allen, d/b/a
NBA Environmental in Idaho Falls, ID. The bases
for the suspension of this training course were:
1) failure to obtain EPA approval prior to using
instructors in the initial supervisor/contractor courses
and continued use of an unapproved instructor, even
after being ordered by EPA to stop using that
instructor; 2) failure to submit to EPA in advance the
name and qualifications of all instructors to be used
in the January 1997 supervisor/contractor course;
3) failure to provide EPA with reasonable access to
NBA Environmental's training and accreditation
records; and 4) a history of noncompliance, including
failure to revise the supervisor/contractor
instructional materials and student manual to meet
the revised MAP requirements prior to the December
1995 supervisor/contractor course, despite sending
EPA a self-certification on April 8, 1994, indicating
that all of NBA Environmental's courses complied
with the revised MAP requirements.
Louisiana Pacific Corp. (Oregon): On December 16,
1996, Region 10 filed an administrative complaint
alleging that, in 1991, Louisiana Pacific (LP) violated
PCB notification, marking, storage, disposal, and
manifesting regulations at its Harris Pine Mill facility
in Pendleton, OR. On December 16, 1996, the region
also filed a CACO, assessing a $200,000 penalty
against LP for the alleged violations. The CACO
was negotiated prior to the filing of the complaint as
part of the resolution of a criminal case against LP
and its contractor, Quin Million, in which Million
pled guilty to criminal violations of TSCA. In the
CACO, LP agreed to clean up any PCB releases
discovered as a result of the improper disposal of
LP's PCB equipment by Million.
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MULTIMEDIA
Tesoro Alaska Petroleum Co. (Alaska): On
September 11, 1997, the regional administrator
signed a CACO resolving an administrative
complaint brought under CWA §309(g) and RCRA
§3008(a). The complaint alleged that Tesoro
violated certain effluent limitations of its NPDES
permit and failed to report a release from its oily
water sewer system as required by its RCRA post-
closure permit. Tesoro agreed to pay $100,000 to
resolve the NPDES violations and $35,000 to resolve
the RCRA claims.
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OFFICE OF REGULATORY ENFORCEMENT
FIFRA
Hasbro, Inc.: Under a consent agreement, Hasbro,
Inc., manufacturer of Playskool® toys, stopped
making false claims that toys treated with an
antibacterial pesticide protect children from
infectious diseases. The plastic toys are manufactured
with the antibacterial pesticide Microban®, with an
active ingredient, triclosan. Microban® is registered
by EPA as a pesticide to inhibit bacterial growth in
plastic but has not been approved for public health
claims. Labels and advertisements for the toys
suggested that the treatment protects children from
health risks, when in fact it protects only the plastic
in the toy from disintegration. Hasbro, Inc. agreed to
revoke earlier claims, correct the information through
advertisements in various print media appropriate
store and toy placarding, and pay a penalty of
$120,000. The company took immediate steps to
inform the public, including relabeling or
repackaging all affected toys, and publishing large
advertisements in national magazines. The collective
value of the actions that Hasbro will take are
estimated to be well in excess of $1 million.
RCRA
Chief Supply Corporation, Inc. (Oklahoma): EPA
issued two RCRA §7003 imminent hazard orders to
the Chief Supply Corporation, Inc., located in
Haskell, OK, following an explosion and fire that
killed one worker and caused the evacuation of
surrounding residents. The facility collects and
stores hazardous and industrial waste, blends
hazardous wastes for fuel, and recycles hazardous
wastes. The fire consumed approximately 1,450
drums of hazardous waste stored at the facility. The
first order prohibited the operation of the facility
until safety and hazardous waste management
measures were in place. The second order required
Chief to install, operate and maintain air quality
monitoring stations, and perform air emission source
testing for all active air emission sources. EPA's
action followed the state's unsuccessful attempt to
issue a preliminary injunction preventing Chief from
restarting operations. Collectively, the orders ensure
that Chief will operate its facility safely and protect
its workers and the surrounding community.
Harmon Electronics, Inc. (Missouri): The
Environmental Appeals Board (EAB) issued a final
order to Harmon Electronics, Inc. and a $586,000
RCRA penalty for mismanagement and illegal
dumping of hazardous waste. Harmon operates a
facility in Missouri that assembles control and safety
equipment for the railroad industry. The facility used
hazardous solvents (e.g., toluene, xylene) to remove
flux from circuit boards. The State of Missouri
determined that Harmon improperly manages
hazardous waste (e.g., by periodically dumping
wastes outside the facility) and operates without a
permit. The Missouri Department of Natural
Resources entered into an agreement with Harmon
that resolved the state's claims, but assessed no
penalty. Region 7 informed the state that EPA
considered the violations a high priority and that the
State should impose penalties. Subsequently, EPA
filed a separate RCRA administrative enforcement
action against Harmon that resulted in the favorable
initial decision for EPA. Harmon appealed the initial
decision, but the EAB found in favor of the Agency,
including holding that RCRA provides the Agency
with independent authority to take action when
warranted.
TSCA
Newell Recycling Company, Inc.: Newell Recycling
was found liable for improper disposal of
PCB-contaminated soil (containing concentrations in
excess of 50 ppm). On October 7, 1997, the ALJ
assessed the company more than $1.2 million, the
largest TSCA penalty ever awarded by an ALJ.
MULTIMEDIA
Marine Shale (Louisiana): The U.S. and the State of
Louisiana lodged a final consent decree with Marine
Shale Processors, Inc. (MSP) and Southern Wood
Piedmont (SWP), resolving one of the largest and
most difficult multimedia cases ever brought by the
federal government. Before it was shut down by the
government, MSP was the largest hazardous waste
incinerator in the country. Beginning in 1985-86,
MSP illegally accepted hundreds of different
hazardous wastes from around the country to burn its
incinerator system. After MSP burned the waste, the
facility attempted to sell the resulting hazardous ash
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to the public as a "recycled product" for $1 a ton.
The U.S. filed the initial complaint in 1990, and
expects the consent decree to be entered during
FY98. The settlement also involves a potential
purchaser of the MSP facility, GTX Inc., which plans
to purchase the assets and liabilities of MSP. GTX
plants to make this purchase after it obtains the
necessary permits to operate the MSP facility safely.
Under the settlement, GTX and the defendants will
undertake injunctive relief to clean up the various
sites, an estimated cost of $10 to $15 million. In
addition, they will pay approximately $9 million in
civil penalties to the state and federal governments.
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CRIMINAL
U.S. v. Attique Ahmad (Southern District of Texas):
On September 8, 1997, the court sentenced Mr.
Attique Ahmad to serve one year in prison and pay
the State of Texas $27,487 in cleanup costs for
illegally dumping 4,690 gallons of gasoline into the
Conroe, TX, storm and sewer systems on January 25,
1994. Ahmad, the former owner of the
Spin-N-Market gasoline station in Conroe, pleaded
guilty to pumping gasoline into the storm drain and
sewer systems from a leaking UST. The gasoline
created an imminent danger of explosion, forced the
evacuation of children from two schools and caused
the shutdown of the Conroe sewage treatment plant.
The spill also contaminated Possum Creek, which
empties into Lake Houston, a major source of
drinking water for the City of Houston.
V.S. v. BFI Services Group (Eastern District of
Pennsylvania): On July 18, 1997, the court ordered
BFI Services Group, to pay a fine of $3 million and
to pay S642,311 to four publicly-owned treatment
facilities. In addition, the company also must make
remedial restitution of $1.5 million to programs or
organizations that address environmental concerns in
southeastern Pennsylvania and northern Delaware.
The defendant previously pleaded guilty to charges
arising from the illegal disposal of millions of gallons
of a mixture of raw sewage, grease, and treated
wastewater sludge which was sent to five POTW
plants in southeastern Pennsylvania and northern
Delaware after it had been identified falsely as
containing only raw sewage. All six defendants
plead guilty to various charges contained in the 23-
count indictment for conspiracy, mail fraud, and
CWA permit violations, and will be sentenced in
FY98. BFI Services previously paid a $1,024,546
civil penalty and $575,454 in restitution to the fifth
treatment plant.
Ł7.5". v. Child Safe Products Corp. (Eastern District
of New York): On August 29, 1997, Child Safe
Products Corp. of Hicksville, NY; Ralph L. Guercia,
Child Safe's President; and Joseph Guercia, a Child
Safe salesman/general manager, all pleaded guilty to
one count of illegally disposing of hazardous waste.
Child Safe Products Corp. supplies and installs safety
surfaces for tennis courts and playgrounds. The
defendants admitted to abandoning over 100 55-
gallon drums of waste paint materials containing
toluene, benzene, and xylene in a stolen trailer that
was discovered in New Jersey in 1994. When
sentenced, Child Safe faces a maximum of $500,000
in fines. The two other defendants each face
maximum sentences of up to five years in prison and
fines of up to $250,000.
U.S. v. Cooper (Southern District of California): On
May 23, 1997, Gordon Cooper was sentenced to
serve 51 months in prison followed by three years
supervised probation for conspiracy, CWA
violations, and wire fraud. On February 28, 1997,
Cooper, and his company, Chino Corona Farms, Inc.,
were found guilty on all charges for falsely billing
the City of San Diego for services and for dumping
sludge at an unapproved location. Co-owner of the
company, Robert Vaughn, pleaded guilty to one
CWA count and was sentenced to six months
confinement, five years probation, and a $50,000
fine. Cooper and Vaughn had contracted with the
city to compost its waste sludge from the Point Loma
Wastewater Treatment Plant on the Torrez-Martinez
Indian Reservation in Riverside County, CA.
Instead, Cooper and Vaughn stockpiled the material
on tribal land until it became a 200,000-ton nuisance
nicknamed "Mount San Diego." Cooper and Vaughn
also shipped sludge to Mexico for disposal and to a
farm in Imperial County, CA, for land application
without the approval of the appropriate state
authorities. In addition, they falsified billing
information and over-charged the city by
approximately $2 million.
U.S. v. Noble Cunningham (Northern District of
Georgia): On September 19, 1997, Mr. Noble
Cunningham of Mansfield, OH, was sentenced to
four years and eight months in federal prison and
ordered to pay $147,716 in restitution for cleanup
costs to Thomas Mimms and $10,000 in restitution to
the Westview Sanitary Landfill in Atlanta, GA.
Cunningham was convicted on May 15, 1997, on
four felony counts of violating RCRA. Cunningham
was the operator of R&D Chemical Company, which
illegally stored over 600,000 pounds of hazardous
barium chromate sludge on a farm near Mansfield,
OH. When the Ohio EPA undertook an
administrative action, Cunningham illegally
transported the sludge to Rose Laboratories, Inc., in
Brookhaven, GA, where most of it was abandoned on
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Thomas Mimms' property. Some sludge also was
dumped at the Westview Sanitary Landfill.
U.S. v. Darling International, Inc. (District of
Minnesota): On July 10, 1997, Darling International,
Inc., of Irving, TX, was sentenced to pay a $4 million
fine after pleading guilty to five felony counts of
violating CWA. The company illegally discharged
wastewater into the Blue Earth River, diluted
wastewater samples, and falsified reports to the
Minnesota Pollution Control Agency to cover up
illegal discharges from its Blue Earth Rendering
Plant in Blue Earth, MN. $1 million of the fine
potentially may be used for improvement of the Blue
Earth River, and $300,000 will be remitted for civil
penalties. Two plant employees pled guilty to related
charges and a third employee was convicted after a
jury trial.
U.S. v. Eklof Marine Corp. (District of Rhode
Island): On September 25, 1997, Eklof Marine Corp.
of Staten Island, NY; its subsidiaries Thor Towing
Corp. and Odin Marine Corp.; Leslie Wallin, Eklof s
President; and Gregory Aitken, captain of the tug
Scandia, all pleaded guilty to federal and Rhode
Island State criminal charges. The charges arose
from a spill of 826,000 gallons of home heating oil
from the oil barge North Cape. The spill occurred on
January 19, 1996, when the barge ran aground while
it was being towed by the Scandia in a storm off
Matunuck, RI, causing significant damage to marine
creatures and wildlife. Eklof, Thor, Odin, and Wallin
admitted that both the tug and the barge were
equipped improperly to safely navigate stormy
waters that day. The agreement calls for the
companies to pay a $3.5 million federal fine, a $3.5
million state fine, $1.5 million to the Nature
Conservancy to buy land for conservation purposes,
and $1 million for remedial safety measures. Wallin
and Aitken could be sentenced to spend up to one
year in prison and fined up to twice the cost of the
losses caused by the spill.
V.S. v. Raymond Feldman (Eastern District of
Missouri): On April 25, 1997, Raymond Feldman,
owner of Ray's Automotive in St. Louis, MO, was
sentenced to 37 months in federal prison for his
conviction on one felony count of the unlawful
disposal of hazardous waste and one felony count of
conspiring to unlawfully transport and dispose of
hazardous waste in violation of RCRA. In addition,
Feldman must pay restitution in the amount of
$40,000 to the Missouri Department of Natural
Resources, $35,000 to the EPA, and up to an
additional $90,000 for any further cleanup
expenditures by either agency. In May and June
1996, Feldman hired Jack Delmar Dunn and Pamela
Naomi Fox, two unindicted co-conspirators, to
dispose of over 200 55-gallon drums and other
containers of ignitable, lead-bearing hazardous paint
wastes. Sixty-three of the drums, which Feldman had
stored illegally in a lot next to his facility, were
dumped along a levee road near the McKinley Bridge
over the Mississippi River.
U.S. v. Four Star Chemical (Southern District of
California): On December 9, 1996, Four Star
Chemical Co., a Los Angeles importing firm, was
sentenced to a fine of $75,000 as a result of its
federal felony conviction for smuggling CFC-113, an
ozone layer depleting chemical, into the U.S. The
company also forfeited $100,000 in illegal profits
earned from this smuggling scheme, and the IRS
filed a civil claim of $243,000 for unpaid taxes on
the smuggled goods. The smuggling was discovered
on July 21, 1995, when U.S. Customs Service agents
seized a shipment of 49,000 pounds of CFC-113
imported into the U.S. from China. Four Star
Chemical declared that it possessed unused CAA
allowances, but EPA reported that Four Star did not
possess any allowances.
U.S. v. Greenwood (District of South Dakota): On
November 18, 1996, Ronald E. Greenwood and
Barry M. Milbauer, the former manager and assistant
manager of John Morrell and Company's wastewater
treatment plant located in Sioux Falls, SD, each were
sentenced to six months home confinement, a $1,000
fine, and 100 hours of community service. In
addition, the court ordered Greenwood to pay $5,000
in restitution and Milbauer $3,000 in restitution to the
Big Sioux River Environmental Trust Fund. In
January 1995, Greenwood and Milbauer pleaded
guilty to conspiracy to violate CWA by illegally
discharging wastewater from the Morrell wastewater
treatment plant into the Big Sioux River in violation
of Morrell's discharge permit; the falsification of
monitoring reports; and conspiracy to hide these
illegal acts for eight years. The Morrell Company
was fined $2 million and ordered to provide $1
million for environmental restoration.
U.S. v. Roy Hart (District of Utah): On June 16,
1997, Roy Hart, former owner of North American
Environmental (NAE), Inc., of Clearfield, UT, was
sentenced on one count of violating RCRA. Hart
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must serve six months home confinement with work
release authorization and three years probation, and
pay SI,347,922 in restitution to the private parties
who cleaned up abandoned PCB waste at the NAE
facility in Clearfield. In December 1990, Region 8
officials notified NAE that it had lost interim status to
operate as a commercial PCB storage facility. NAE
was directed not to accept any further waste and was
told to dispose of the existing PCB waste within 30
days. NAE continued to accept PCB waste for
storage after the 30 day period had expired and did
not dispose of the waste already stored at its facility.
Additionally, NAE claimed financial inability to
comply with EPA's directives and subsequently its
Clearfield PCB storage site was abandoned. In a July
1991 inspection of NAE's facility, EPA found an
estimated one million pounds of PCB oil and debris
and hazardous wastes stored in drums, and then
conducted a cleanup operation.
U.S. v. Hess Oil Virgin Islands Corp. (Southern
District of New York): On December 10, 1996, Hess
Oil Virgin Islands Corporation (HOVIC), the refining
arm of Amerada Hess Corporation of Woodbridge,
NJ, and New York, NY, agreed to pay a total of $5.3
million in fines and restitution when it entered a plea
of guilty to felony charges of violating RCRA by
illegally transporting hazardous waste. Between
December 11, 1991, and February 9, 1992, HOVIC
falsely declared that 1,402 55-gallon drums
containing 617,980 pounds of spent refinery catalyst
contained non-hazardous waste. HOVIC then
knowingly shipped the drums to Arizona, where the
catalyst was used as a source of alumina in the
manufacture of Portland cement. In reality, some of
the drums contained benzene levels of 43.4 ppm,
which is more than 85 times the regulatory limit.
U.S. v. Hanousek (District of Alaska): On May 21,
1997, Edward Hanousek, a railroad supervisor for the
White Pass & Yukon Railroad, was sentenced to
serve six months in prison, serve six months in a
half-way house, and pay a $5,000 fine for his CWA
conviction for the negligent discharge of oil from a
company pipeline in October 1994. On October 1,
1994, Hanousek was supervising the illegal removal
of rock from U.S. Forest Service land near the
pipeline when a piece of construction equipment
struck the pipeline, causing a 14-inch crack and the
subsequent discharge of oil into the Skagway River.
U.S. w. Jones (Northern District of West Virginia):
On March 12, 1997, Billy Joe Jones was sentenced
to 27 months imprisonment and two years of
supervised release following his conviction for
knowingly allowing sewage to bypass the treatment
facility; discharging approximately 65,000 gallons of
raw sewage into the Ohio River in the fall of 1992;
and falsifying wastewater analysis reports.
U.S. v. Kilgore (District of Northern Ohio): On
September 8, 1997, Lutellis Kilgore of Elyria, OH,
was sentenced to 37 months in prison and two years
of supervised release after Kilgore pleaded guilty to
violating FIFRA by illegally applying the insecticide
methyl parathion to over 60 properties in Lorain and
Elyria, OH. Kilgore was not a certified methyl
parathion applicator, and his actions led to a $20
million, publicly-funded cleanup of the affected
residences in Lorain and Elyria, OH, conducted by
the EPA, the Ohio Department of Agriculture, and
the Health Departments of the Cities of Lorain and
Elyria.
U.S. v. Knight (Northern District of West Virginia):
On January 6, 1997, Bentley Mathers Knight was
sentenced to two years probation and ordered to pay
a $500 fine pursuant to pleading guilty to a one-count
federal felony indictment for knowingly making false
statements on laboratory analysis reports required
under CWA. Knight, a former laboratory technician
employed by the City of New Martinsville, falsely
reported laboratory analyses for TSS, fecal coliform,
and BOD of wastewater discharged by the New
Martinsville wastewater treatment plant into the Ohio
River.
U.S. v. LeFave (Southern District of California): On
October 25, 1996, Gene M. LeFave, former CEO of
Fluid Polymers, Inc., of Las Vegas, NV, was
sentenced to four years in prison and one year
supervised release for his conviction for illegally
dumping hazardous industrial waste in the newly
created East Mojave National Preserve and on lands
administered by the Bureau of Land Management
(BLM) between April 1, 1995, and August 15, 1995.
The court ordered LeFave and the corporation to
reimburse $25,783 to the NPS and $14,108 to the
BLM for cleanup costs. Fluid Polymers, Inc., which
manufactures chemicals, was sentenced on October
17, 1996, and fined $10,000.
U.S. v. Mann (District of Colorado): On August 28,
1997, Robert Mann, former mill supervisor at a
Louisiana-Pacific Corporation manufacturing facility
in Olathe, CO, pleaded guilty to conspiracy to violate
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CAA. Mann admitted to conspiring to tamper with
air emissions control equipment and conspiring to
falsify emission report data to state and federal
regulators to maximize production in 1991 and 1992.
In the process, he concealed emissions of sulfur
dioxide, methlyne dioxyisocyanate, and
formaldehyde that exceeded the facility's discharge
permit, causing health problems for numerous local
citizens.
U.S. v. McCrary (Eastern District of Texas): Edward
W. McCrary III, of Baton Rouge, LA, was sentenced
on May 9, 1997, to serve ten months in federal prison
for violating the conditions of his supervised release.
McCrary previously served 27 months for one count
of illegally discharging pollutants in violation of
CWA and one count of conspiracy. After McCrary's
release from prison, special agents of EPA and
Special Investigators of the Texas Natural Resource
Conservation Commission (TNRCC) reported to the
court that McCrary was engaged in the business of
selling contaminated solid waste toluene, a hazardous
waste, to gasoline blenders or manufacturers without
prior court approval. This contaminated toluene
contained approximately five percent hexamethyl
disiloxane (HMDO), which forms ash deposits in
automobile engines that make spark plugs
inoperative. Automobile owners have made more
than 400 claims for engine damage, which they claim
was the result of using gasoline made with the
contaminated toluene.
U.S. v. Ray McCune (District of Utah): On October
7, 1996, Ray McCune, president and owner of
Reclaim Barrel Supply Company and Allstate
Container Company, was sentenced to 18 months in
prison and ordered to pay a $20,000 fine and
$100,000 in restitution for the illegal storage of
hazardous waste at both facilities. His co-defendant,
Plant Manager Bruce Jones, was sentenced to 18
months probation and a fine of $2,000 on September
13, 1996. This was the first federal environmental
felony prosecution in Utah which resulted in a prison
sentence for a defendant. McCune's business
specialized in reconditioning 55-gallon drums.
During the reconditioning process, McCune collected
corrosive and ignitable wastes at the Reclaim Barrel
Supply Company from May 1992 to August 1993
and at Allstate Container Company from March 1993
to April 1994. In addition, he illegally discharged
pollutants into the sewer at Allstate Container from
May of 1993 through June of 1993. In May 1992,
McCune abandoned thousands of drums at the
Reclaim Barrel facility. A cleanup conducted by
EPA at Reclaim Barrel cost nearly $1 million. This
criminal enforcement action represented the first case
in Utah where a criminal sentence was imposed for
environmental crimes.
U.S. v. Midstream Holding Corp. (Middle District of
Louisiana): Midstream Holding Corporation of
Baton Rouge, LA, was ordered to pay a $60,000 fine
and serve two years probation on July 18, 1997, after
pleading guilty to one count of violating CWA.
Midstream provides fueling and waste disposal
services to vessels on the Mississippi River. From
approximately 1992 to 1995, the company was
illegally dumping bilge slop containing waste oil and
other wastes into the Mississippi River. The
discharges came from the Midstream Fuel Service,
Inc., facility in Baton Rouge.
U.S. v. Moore (Southern District of West Virginia):
On December 16, 1996, Denny Moore was sentenced
to 21 months in prison for his conviction on four
counts of violating CWA. In April 1994, Moore
abandoned the sewage treatment plant and allowed
raw sewage to be discharged from the treatment plant
at the Shady Woods subdivision near Muncy, WV,
into Pigeon Creek.
U.S. v. Refrigeration USA (Southern District of
Florida): In the largest recovery ever in a criminal
case for smuggling CFC refrigerants prosecuted
under CAA, Refrigeration USA of Miami and
Hallandale, FL; Roland Wood of North Miami, FL,
the company's president; Diane McNally of Miami,
FL, Refrigeration's bookkeeper, and Lisa Salazar of
Pembroke Pines, FL, an import-export clerk at
Refrigeration USA, all pleaded guilty on May 28,
1997, to various federal violations. Their crimes
arose from smuggling over 4,000 tons of the ozone-
depleting refrigerant gas CFC-12. The three
individuals each pleaded guilty to conspiring with
others to import CFC-12 without consumption
allowances required by CAA. The scheme involved
filing false documents with the U.S. Customs
Service, EPA, and the IRS. The corporation pleaded
to 129 felony counts. The plea agreement requires
the immediate surrender of over $4.47 million in cash
being held in offshore accounts; the forfeiture of real
estate in Miami, FL, and London, England, valued at
over $3.4 million; forfeiture of stock in a domestic
bank; and surrender to the government of 11,200 30-
pound cylinders of CFC-12 which have a current
market value of $6.72 million. Each of the three
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defendants faces maximum sentences of up to five
years in prison and/or fines of up to $250,000 or
twice the gain or loss caused by their criminal
conduct. The company faces possible fines of up to
$500,000 on each felony count, as well as restitution.
In addition, all defendants can still be held liable for
the unpaid excise taxes on the smuggled CFC-12
which are due to the IRS.
U.S. v. Terry Rettig (Eastern District of Virginia):
On January 16, 1997, Terry L. Rettig of Virginia
Beach, VA, was sentenced to serve 30 months in
federal prison and serve one year of supervised
release for his felony conviction for violating CWA.
Mr. Rettig was the former wastewater treatment plant
operator for two meat-packing plants owned by
Smithfield Foods, Inc., and three other wastewater
treatment plants, all of which are located in
southeastern Virginia. In October 1996, Rettig
pleaded guilty to 23 counts of violating the CWA,
admitting he failed to perform required water
sampling and analysis, discharged wastewater in
violation of discharge permit limits, and falsified
discharge monitoring reports and laboratory data for
all five treatment plants. These acts led to the
discharge of high levels of fecal coliform bacteria
into the Pagan River, which empties into the James
River and ultimately the Chesapeake Bay.
U.S. v. William Ries et. ah (Northern District of
Iowa): William Ries and John Hirsch of Dubuque,
I A, and Michael Sandidge of St. Paul, MM, were
each sentenced to 30 days confinement with work
release privileges, one year supervised release, and a
fine of $1,000 plus interest for their guilty pleas to
one count of violating the Rivers and Harbors Act.
The defendants admitted to knowingly dumping
refuse including coal, fertilizer, salt, and grain into
the Mississippi River at Dubuque, IA, without a
discharge permit. All three were employees of Newt
Marine Service, Inc., a Dubuque barge cleaning
company.
U.S. v. Royal Swift and U.S. v. J. andM. Devine
Corp. (District of Massachusetts): In 1995, Royal
Swift, the dispatcher for A-l Sanitation (formerly
known as J. and M. Devine Corp.) in Halifax,
Massachusetts, dumped a solvent-laced load of septic
tank waste at the Wareham, MA, treatment plant after
lying to plant workers about the nature and source of
the waste. The solvents caused a major plant upset,
including killing half of the biological population in
the treatment system. The POTW staff prevented the
discharge of the solvent to the Agawam River, but
sampling and managing the volatile pollutant posed a
serious threat to plant workers in the process.
In January 1997, Royal Swift pleaded guilty to
providing false information to the plant. In April
1997, he was sentenced to eight months incarceration
and 36 months probation. A-l Sanitation pleaded
guilty to knowingly violating CWA by discharging
waste which created toxic gases, vapors or fumes and
threatened POTW workers. In addition, A-l was
required to publish a description of its conviction and
an apology in two national trade publications and a
local newspaper. A-l also paid approximately
$10,000 in restitution to Wareham POTW, agreed to
pay a $30,000 criminal fine, and has developed a
training program and office protocol for preventing
future toxic discharges.
U.S. v. Rudd (Eastern District of Texas): On July
10, 1997, Thomas R. Rudd, former president of
Striping Technology, Inc. (STI), was sentenced to 15
months in prison following his June 1996 guilty plea
to one count of violating RCRA. STI is the largest
pavement, road, and highway-striping contracting
business in Texas. Rudd directed his employees to
bury hundreds of barrels of paint wastes
contaminated with toluene, methyl ethyl ketone, and
waste lead in pits, which were dug deeply enough to
reach groundwater flowing into a nearby tributary of
Black Fork Creek. The investigation found that
contaminated paint wastes also were disposed of
illegally at four other locations. Rudd agreed to bear
the costs of the cleanup at all five locations, which so
far have totaled more than $400,000. He.also agreed
to create a trust fund in the amount of $250,000 to
benefit the East Texas Ecological Education Center.
U.S. v. James Scalise and Frey Manufacturing, Inc.
(District of Connecticut): A Connecticut lawyer,
James Scalise, owned an electroplating business,
Frey Manufacturing Company, Inc. In addition to his
legal practice. On May 2, 1997, Scalise was
sentenced to six months of home confinement, three
years probation, and a $15,000 fine. The company
was sentenced to five years of probation and a
$25,000 fine. Two months later, Scalise was
suspended from the practice of law for two years by
the Connecticut Legal Grievance Committee for his
role in the environmental criminal violations. The
criminal charges were three CWA felonies stemming
from illegal discharges of electroplating wastes into
the New Britain, CT, sewage system. The counts
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concerned discharges without a state permit,
discharges of cyanide and acid in violation of CWA
regulations, and the failure to submit required
periodic monitoring results.
Scalise and Frey were advised on numerous
occasions by state inspectors to install necessary
equipment and apply for a pretreatment permit.
Scalise was also informed that acid and cyanide
combine to cause a deadly gas. In response, Scalise
and Frey did nothing. In addition, the company was
sent an information request under the CWA and
failed to respond when required. A subsequent EPA
administrative order concerning the failure to
respond to the information request was similarly
ignored until Scalise was visited by an EPA criminal
investigator.
U.S. v. Seawitch Salvage, Inc. (District of
Maryland): Kerry L. Ellis, Sr., president and owner
of Seawitch Salvage, Inc., and Seawitch Salvage
were convicted on seven felony .counts on May 30,
1997, for violations of CAA, CWA, the Rivers and
Harbors Act, and for making a false statement to a
federal agency. The violations were committed while
Seawitch was executing a contract with the U.S.
Navy to demolish and scrap two vessels, the USS
Illusive, a minesweeper, and the USS Coral Sea, an
aircraft carrier. As a part of the contract, the
defendants were required to properly remove
asbestos and other hazardous materials from the ships
prior to dismantling them. Between May 1993 and
September 1995, Ellis and Seawitch directed their
employees to remove material which contained
asbestos from the ships; however, neither Ellis nor
Seawitch was licensed to engage in asbestos
abatement and removal activities. During the
removal, workers were exposed to asbestos without
protective equipment. In addition, Ellis submitted a
false statement to the Defense Reutilization and
Marketing Agency of the Department of Defense
(DOD) concerning the removal of asbestos from the
Coral Sea. Ellis and Seawitch were convicted of
discharging oil, construction debris, paint chips,
metal fragments, insulation materials, and other
pollutants into the Patapsco River in violation of
CWA and the Refuse Act.
U.S. v. Taylor (District of Oregon): On February 25,
1997, James Powell Taylor, the owner and operator
of Continental Plating, Inc., was sentenced to five
months in federal prison and was required to pay
EPA cleanup costs in the amount of $45,000 for his
guilty plea to felony charges for illegally transporting
and storing hazardous wastes in violation of RCRA.
Continental Plating, Inc., a Eugene, OR,
electroplating business, ceased operations in 1984.
After it closed, Taylor illegally transported and stored
his electroplating chemicals, including two 1,000-
gallon plating tanks containing plating chemicals,
(i.e., arsenic, cyanide, chromium, and lead) at an
outdoor facility in West Eugene.
U.S. v. Valverde (Central District of California): On
March 3, 1997, Michael E. Valverde of Oceano, CA,
a supervisor at the sewage treatment facility for the
California Men's Colony in San Luis Obispo, CA,
pleaded guilty to one count of violating CWA. In
May 1996, Valverde discharged partially treated
sewage into Chorro Creek, a tributary of the Morro
Bay Estuary. Valverde also pleaded guilty to one
count of falsifying water pollution monitoring
records and reports that are required to be submitted
to state and federal environmental protection
agencies. Valverde faces a maximum of five years
imprisonment and/or a maximum fine of $250,000 on
each count.
U.S. v. Walls (District of Mississippi): Paul F. Walls,
Sr., of Moss Point, MS, was sentenced to six years
and six months in prison on July 7, 1997, for his
conviction on 45 counts of knowingly spraying the
pesticide methyl parathion without a license and
three counts of illegally distributing methyl parathion
in violation of FIFRA. This is the longest
consecutive amount of prison time ever handed down
in a case involving a strictly environmental violation.
Walls did not possess a license for commercial
pesticide application, and a Mississippi State Court
ordered him to cease his commercial activities. A co-
defendant, Dock Batman, Sr., received a sentence of
five years and three months for his conviction on 21
counts of illegal pesticide application. Trial
testimony indicated that some people required
medical attention as a result of Walls and Batman's
acts.
U.S. v. Warner Lambert (District of Puerto Rico):
Warner Lambert, Inc., agreed to a fine of $3 million
as a result of its guilty pleas to six felony counts of
violating CWA. Warner Lambert manufactures
Pharmaceuticals and confectionary products at its
Vega Baja, PR, facility. The company admitted that
it knowingly failed to accurately report results of
tests it performed on wastewater discharged from the
Vega Baja facility's wastewater treatment plant. The
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treatment plant's NPDES permit required monitoring
of discharged wastewater for 34 pollutants and other
effluent characteristics. However, in its monthly
discharge monitoring reports from the mid-1980s to
late 1992, Warner Lambert regularly failed to inform
the Puerto Rican Environmental Quality Board and
EPA of test results that indicated violations of its
permit limits for up to seven pollutants each month.
U.S. v. Johnnie James Williams (Western District of
Tennessee): On March 21, 1997, Johnnie James
Williams of South Memphis, TN, was sentenced to
41 months imprisonment and two years of supervised
release for his jury conviction on two felony counts
of violating RCRA by illegally storing and disposing
of hazardous waste in a South Memphis EJ
neighborhood. Williams owned and operated W&R
Drum, a drum recycling facility, from 1983 until July
1994 when EPA closed the site and began a
Superfund cleanup. The cleanup, which cost
taxpayers $1.5 million, found levels of heavy metals,
acids, organic materials, and solvents that were as
much as 2,000 times the regulatory limits. Williams
stored explosive, toxic, and corrosive materials in
over 1,000 drums and dumped an equal amount on
his property, saturating the ground. In all, 10,000
tons of soil were replaced during the cleanup. This is
the longest prison sentence handed down in an
environmental case in Tennessee, and equals the
longest incarceration sentence in any RCRA case in
theU.S.
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FEDERAL FACILITIES ENFORCEMENT OFFICE
CERCLA
King Salmon (Alaska): On December 16, 1996, a
CERCLA cleanup agreement was signed by the U.S.
Air Force, the State of Alaska, and Region 10. The
Air Force entered into the agreement pursuant to
CERCLA §§104 and 120(a)(4). Alaska will be using
its state authorities to provide oversight of activities
and to enforce the agreement. EPA's role in the
agreement is to provide technical assistance and to
consult with Alaska and the Air Force on the
implementation of the agreement. EPA has reserved
its rights to require the Air Force to perform work at
the site independent of this agreement. The purpose
of the agreement is to provide a procedural
framework and schedule for coordination and
implementation of the selected interim remedial
action at the site in accordance with CERCLA, the
national contingency plan, applicable guidance and
policy, and applicable state laws. King Salmon is an
NPL caliber site that was not listed because the
Governor of Alaska did not concur on the listing.
Naval Ammunition Depot (Nebraska): Ray Fatz,
Acting Deputy Assistant Secretary of the Army,
signed the Interagency Agreement for the U.S. Army
Former Naval Ammunition Depot site located in
Hastings, NE, after a period of re-negotiating to
resolve remaining issues. The Hastings site was
listed on the NPL in June 1986 (final). Groundwater
and soil at the site have been contaminated with
VOCs, heavy metals, and PAHs. Several cleanup
actions have taken place while other long term
cleanup actions are ongoing.
Oak Ridge Tennessee Reservation (Tennessee):
Final agreement on a major modification to the
Interagency Agreement (IAG) at the DOE's Oak
Ridge Tennessee Reservation NPL site also was
reached. The modification provides for rolling
milestones and makes specific milestones more
enforceable.
Old Navy Dump/Manchester Laboratory
(Washington): On July 30, 1997, the CERCLA §120
IAG became effective upon signature by the regional
administrator. The Old Navy Dump (Manchester
Annex) site in Washington constitutes 39.50 acres of
uplands and an unquantified amount of tidelands
within Clam Bay. The site is a Formerly Utilized
Defense Site (FUDS) being remediated by the U.S.
Army Corps of Engineers under its FUDS program.
Paducah Gaseous Diffusion Plant (Kentucky):
Region 4 reached agreement with DOE on cleanup of
the NPL listed Paducah Gaseous Diffusion Plant, in
Paducah, KY. The agreement anticipates completion
of groundwater cleanup by the year 2010. The IAG
was sent out for public comment during FY97.
Region 4 and DOE are now in the process of
finalizing the agreement.
Warren Air Force Base (Wyoming): Pursuant to the
CERCLA Federal Facility Agreement (FFA) for F.E.
Warren Air Force Base, Region 8 issued a Stop Work
Order (SWO) requesting that work being done at
OU-3, Landfill 6 be immediately stopped. The SWO
may be the first issued to a federal facility pursuant to
a FFA. The order was issued because F.E. Warren
proceeded with construction of the compacted layer
of the evapotranspiration (ET) cover prior to
finalization of the ROD amendment changing the
remedy from a RCRA Subtitle C cap to an ET cover.
Although work on the EP cover has stopped, EPA
and the State of Wyoming now are evaluating issues
regarding winterization activities to control erosion
of Landfill 6's surface during the winter season, and
how this can be accomplished vis-a-vis the SWO and
the FFA.
RCRA
Defense Depot (Tennessee): Region 4 filed a final
order settling the RCRA case against DOD, Defense
Logistics Agency (DLA), a military supply depot
located in Memphis, TN. The order called for a
penalty payment of $12,000. This action settled a
September 1996 administrative complaint the region
filed under RCRA §3008(a) against DLA, which
alleged that the respondent stored containers of
incompatible hazardous wastes next to each other
without properly separating them in accordance with
RCRA. The complaint assessed a penalty of
$20,000, and ordered the facility to submit a plan
within 30 days insuring that incompatible wastes
were no longer stored together. The respondent
submitted the required plan and provided the region
with new information concerning the facility's
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storage practices. Based on this new information, the
penalty was reduced to $12,000.
Department of Veterans Affairs Medical Center
(Connecticut): Region 1 reached settlement on
March 31, 1997, with the Department of Veterans
Affairs (VA) Medical Center in Westhaven, CT, on a
complaint and compliance order under RCRA
§3008{a). The penalty assessed in the final complaint
was $82,375 and the settlement penalty was $61,550.
The VA will pay $15,388 (25 percent) in cash and
will perform SEPs costing some $48,000. Among
the violations outlined in the CACO was the failure
to make hazardous waste determinations. EPA
inspectors found that the facility sent hazardous
wastes off-site designated as non-hazardous wastes.
The facility also failed to minimize the possibility of
a fire, explosion, or any unplanned sudden or non-
sudden release of hazardous waste constituents. EPA
inspectors found containers holding both acids and
caustics, which could result in heat generation and
violent reaction if mixed together.
Fort Campbell (Kentucky/Tennessee): Region 4
settled a RCRA case, assessing a $36,000 penalty
against the Fort Campbell Army base located on the
Kentucky/Tennessee border. The Fort Campbell
violations included: failure to make hazardous waste
determination; failure to correctly label containers;
failure to remove hazardous waste from satellite
accumulation areas in a timely manner; and failure to
maintain emergency equipment. The base is now in
compliance with the order. The original penalty
proposed in the September 1996 complaint was
$48,700.
Naval Undersea Warfare Center (NUWC)
(Connecticut): On September 18, 1996, NUWC of
the Department of the Navy agreed to pay a $80,625
penalty to settle an EPA complaint alleging
violations of federal and state hazardous waste
management laws at three of its Connecticut
locations—two in New London and one in East Lyme.
NUWC researches and develops acoustic sensing
devices for the Navy.
Region 1 and the Connecticut DEP jointly inspected
the three NUWC facilities and discovered violations
of RCRA. Region 1 prenegotiated a settlement for
the RCRA violations observed at NUWC. On
September 16, 1996, a complaint was filed
simultaneously with a CACO which includes a
monetary penalty of $80,625.
NUWC failed to have a complete contingency plan
for responding to an accidental hazardous waste spill;
failed to properly train personnel; failed to determine
if wastes were hazardous and therefore subject to
federal management and handling laws; and failed to
properly label hazardous waste containers at the
facility.
United States Coast Guard (USCG) (Alaska): A
CACO was signed by the Region 10 Administrator
on January 23, 1997, for this Alaska facility, settling
a complaint issued on July 12, 1994. The complaint
sought over $1 million in penalties for violations of
RCRA, including the failure to monitor groundwater
and illegally burning waste piles of debris. A penalty
of $602,260 has been agreed to for the specific
violations alleged in the complaint. USCG Kodiak
has fixed the groundwater monitoring system and has
closed the waste piles, so no further injunctive relief
is sought in the CACO.
U.S. Department of Interior, Bureau of Indian
Affairs (California): In September 1997, EPA filed
an administrative complaint against DOI, BIA,
Hoopa Campus, CA, alleging RCRA hazardous
waste violations and assessing $260,650 in penalties.
The complaint alleges the BIA stored hazardous
waste at a now-vacated campus facility without a
permit and failed to have an EPA generator
identification number. All waste has now been
disposed of properly.
Washington Navy Yard (Washington, D.C.): On
March 6, 1997, Region 3 and the Department of
Navy signed a RCRA §7003 cleanup order for the
Washington Navy Yard located at 9th and M Streets
in southeast Washington, DC. The order is for a
comprehensive hazardous waste cleanup at the
installation to implement interim measures, further
contamination investigations and corrective
measures. The Navy Yard action is part of a
continuing effort by Region 3 to conduct cleanup as
part of the Anacostia River Initiative. Region 3
released a press announcement of this enforcement
action on March 11, 1997.
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SDWA
Redstone Arsenal (Alabama): In June 1997, Region
4 issued at unilateral compliance order against the
U.S. Army Missile Command, Redstone Arsenal
Water System, located near Huntsville, AL, for
violations of SDWA and its implementing
regulations. The system provides water to 22,000
individuals. The violations included exceeding the
MCL for total coliform bacteria and failing to meet
the total coliform monitoring/reporting requirements
during all the months from January 1996 through
April 1997. In addition, the system failed to provide
notification to the public of the violations, as
required. This is the first unilateral compliance order
issued against a federal facility under authorities
contained in the August 1996 revision to the SDWA.
TSCA
U.S. Navy PCS Containing Vessel: EPA
successfully negotiated a high profile agreement
involving the U.S. Navy, EPA, and Universal
Studios. The agreement allowed the movement and
filming of a Naval vessel known to contain PCBs,
provided the agreement's environmental and public
health requirements were met. The provisions of the
agreement satisfied such diverse interests as EPA, the
movie studio, the Navy, and environmentalists.
Agreement to Transfer Naval Boats, Support Craft
and Industrial Equipment with PCBs to
Communities for Further Use: The Federal Facilities
Enforcement Office (FFEO) worked with the Navy in
the development and execution of a compliance
agreement addressing the transfer of vessels and
industrial equipment at base closure sites. The
agreement facilitates the transfer of vessels and
equipment to local redevelopment authorities (LRAs)
and local communities (LCs) for use in the economic
development of their communities. The agreement
requires the Navy to notify the vessel and equipment
recipients of potential PCB contamination in the form
of non-liquid PCBs, including a fact sheet, and
requires that the recipients maintain the suspected
PCBs in their place, except when normal
maintenance requires their removal. The agreement
provides a mechanism for LRAs and LCs to transfer
vessels and equipment to third parties while still
remaining responsible to reclaim the transferred
vessels and equipment if the third party is violating
any terms or conditions of the agreement. The
agreement also provides for the Navy to be
responsible for reclaiming vessels in the event of a
third-party breach.
Navy Export Agreement: Following a series of
meetings with the National Economic Council, the
Office of Management and Budget, the Council on
Environmental Quality and the Department of State,
FFEO worked closely with OPPT in the negotiation
of an agreement allowing the Navy to export vessels
for scrapping overseas. These vessels may contain
non-liquid PCBs in felt gaskets, wire cabling, paint,
adhesives. The agreement requires that all
transformers and large high and low voltage
capacitors that contain dialectic fluids with PCBs in
any concentrations and all hydraulic and heat transfer
fluids containing PCBs be removed prior to export.
Solid items containing PCBs are to be removed when
these items are readily removable and their removal
doesn't jeopardize the structural integrity of the
vessel. The agreement requires annual notification to
countries that are known to import ships for
scrapping and follow up notice to each country in
advance of receiving vessels. The final version of
the National Defense Authorization Act for FY98
contains a reporting provision whereby EPA, the
Navy, and the Maritime Administration are required
to inform Congress regarding the implementation of
this agreement.
Extension of Sinking Exercise Agreement
(SINKEX): In response to a request from the
Secretary of the Navy, FFEO developed conditions
under which OECA could agree to extend the
SINKEX agreement for another eight vessels. The
existing agreement provided the Navy with the target
practice and sinking of up to eight vessels, pursuant
to all existing permits issued by EPA as well as the
requirements of the agreement. Navy preparation for
SINKEX includes the removal, to the maximum
extent practicable, of all materials which may
degrade the marine environment, including the
emptying of fuel tanks, and fuel lines, flushing tanks
and lines, removing from the hulls other pollutants
and all readily detachable material capable of
creating debris or contributing to chemical pollution.
Removal of all transformers and capacitors
containing three pounds or more of dielectric fluid is
required, as well as reasonable efforts to remove
capacitors containing less than three pounds of fluid,
and the draining and flushing of hydraulic equipment
and heat transfer equipment. Non-liquid PCBs which
are not readily detachable or where removal may
threaten the structural integrity of the vessel are not
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required to be removed. The extension letter sets out
requirements for additional milestones regarding the
Navy's sunken vessel study, a risk assessment of
environmental effects from sunken naval vessels.
The goal is to determine if past/ continued SINKEX
operations pose significant risk to the environment or
human health via the food chain.
Implementation of the Minuteman II Compliance
Agreement: As a result of the implementation of the
EPA/U.S. Air Force (USAF) compliance agreement
addressing Minuteman II missile silo implosions in
support of the Strategic Arms Reduction Treaty
(START), implosions have continued on track, while
environmental requirements of the agreement are
being met. Solid-matrix PCBs were a component in
the weatherproofing on missile silos and support
buildings as well as a rust-proofing agent, along with
asbestos on underground storage tanks. Under the
agreement, the implosions almost are complete and
groundwater monitoring plans have been developed
for both Whiteman and Ellsworth Air Force Base. A
Hardened Intersite Cable System (HICS) Sampling
Plan was developed, followed by the HICS Draft
Environmental Baseline Survey. Preliminary draft
Prototype Environmental Baseline Surveys (EBS)
have been developed for a launch control facility and
a launch facility. These EBS will serve as a model
for each type of facility. USTs sold to area
landowners were recovered for TSCA landfill
disposal. The State of Missouri executed their own
state annex of distinct state requirements in addition
to the provisions in the EPA/USAF compliance
agreement.
Implementation and Modification of TSCA, Federal
Facility Compliance Agreement (FFCA)for the
Uranium Enrichment Operations at DOE's Gaseous
Diffusion Process Facilities: Portsmouth, OH;
Paducah, KY; and Oak Ridge, TN; and Execution
of the Oak Ridge Reservation Polychlorinated
Biphenyls Federal Facilities Compliance Agreement
(ORR-PCB-FFCA): The TSCA FFCA was modified
to revise the requirements of the PCB gasket/duct
removal program, changing the initiation date to
coincide with decontamination & decommissioning
(D&D) for Portsmouth, OH, and Paducah, KY. The
D&D cost of each plant is estimated at $3 billion; an
additional $450-600 million would be required to
remove these gaskets prior to D&D. Since the
gaskets are troughed for PCB collection and air
sampling has been within acceptable limits, deferring
this removal activity is desirable in light of
radiological and industrial risks. Deferral of
removal of the Paducah building C-340 hydraulic
systems until D&D of the building was also approved
for a $2-3 million savings and a decrease in
radiological and industrial risks. The modification
officially severed the K-25 uranium enrichment
facility from the TSCA FFCA, since K-25 now falls
under the December 16, 1996, Oak Ridge, TN,
agreement. Sixteen thousand troughs have been
installed at Paducah under the motor exhaust duct
gaskets. In addition, nearly 700,000 kilograms (kg)
of PCB waste, including more than 6,500 capacitors,
have been disposed. Portsmouth has disposed of
487,000 kg of PCB-contaminated lube oil and retro
filled and reclassified eight PCB-contaminated lube
oil systems. An additional 459,000 kg of PCB liquid
waste from Portsmouth have been disposed of at the
Oak Ridge TSCA incinerator, and more than 16,000
motor exhaust duct flanges have been troughed. The
K-25 site disposed of over 124,000 gallons of askerel
fluid. FFEO continues implementation of the
agreement including annual meetings in which the
progress reports are reviewed.
Museum Transfer Ships: FFEO has been
coordinating with Region 9 concerning the placement
of the USS Hornet as a museum in Alameda, CA.
FFEO continues to provide on-going counsel to
regional PCB coordinators in jurisdictions where
former Naval aircraft carriers and similar vessels are
donated to a city for display as a museum. The first
agreements used to transfer the USS Lexington to
Corpus Christi, TX, and continued use of the vessel
as a museum have been used as a model by Region I
in the transfer of the USS Salem. The agreements
concern the transfer, continued use and ultimate
disposal of these vessels with unauthorized non-
liquid PCBs, where removal of the PCBs would not
be feasible.
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