REMARKS OF
LEE M. THOMAS
ADMINISTRATOR
U.S. ENVIRONMENTAL PROTECTION AGENCY
BEFORE THE
SECOND NATIONAL ENFORCEMENT CONFERENCE
WASHINGTON, D.C.
FEBRUARY 13, 1985
It is a pleasure to be here today. This is my first
speaking engagement since my confirmation last week.
Enforcement was a theme I stressed before the Senate, and it
is one I will stress as Administrator.
My appearance here today allows me to emphasize again
the importance of enforcement in my overall strategy for
managing EPA. It is gratifying to see representatives here
not only from EPA, but also from the States and the Justice
Department. For I also see this conference as an opportunity
for all of us to discuss what we need to be doing together to
accomplish our objectives.
Just over a year ago, most of us were sitting over in
Alexandria at the Old Colony Motel. Bill Ruckelshaus was
standing up front saying exactly what he felt about the way
things were going in EPA's enforcement program. Invoking
images of gorillas in closets and tigers in tanks, he told us
what he expected us to do to correct an unacceptable situation.
I felt the heat, and I'm sure many of you did too.
Let me say as clearly as I can that the heat applied
last January is still on —• full blast. Enforcement is an
essential part of this agency's overall mission. There can
be no let-down.
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During the last 12 months, we all worked very hard and
we achieved some impressive results. The number of administrative
orders, civil referrals, criminal actions, and settlements
are all up. In fact, 1984 saw EPA take a record number of
enforcement actions. I expect us to maintain this momentum.
In keeping the enforcement program moving, we must be
careful that the quantity of actions is matched with the
quality of individual efforts. And we must follow through to
assure that the steps we take to enforce the law are fully
obeyed. Where administrative orders are not followed, we
must be ready to take judicial action. Even then, we must be
sure that our consent decrees and judicial orders are obeyed.
These are my overall enforcement goals. Enforcement is
a top priority of mine. I want enforcement to be fully
integrated into each EPA program. And in so doing, we must
employ all of our enforcement tools — administrative, civil
and criminal — as we implement our basic statutes. Additionally,
enforcement must be carried out consistently by all levels
of government.
Let's remember that EPA's mission is progress in achieving
environmental improvement. We achieve that progress by
setting sound standards and enforcing them. The regulated
community must know that we are committed to assuring this
progress. We encourage them to help us move forward on a
voluntary basis. But where they are unwilling, we will
rigorously enforce our laws and our standards.
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Of course, EPA cannot do it all alone. We must rely on
the States to carry a significant burden. After all, it is
the States who are closest to the problems. And it is the
States who conduct the bulk of all compliance and enforcement
activities.
Therefore, we must assure that our colleagues in the
States, and where appropriate at the local level, are
fully involved in the enforcement program. States are
absolutely critical to the success of the enforcement program
in EPA.
An effective working relationship requires a clear
understanding between EPA and the States as to our respective
roles. The timely and appropriate response policy — establishing
timeframes for escalating enforcement actions until compliance
is achieved — is an essential element in clearly defining
these roles.
At the same time, it is important that the States
understand EPA has a responsibility to implement national
programs. We must ensure full, consistent, vigorous
implementation of our laws and regulations.
Where necessary, EPA will step in and take enforcement
actions consistent with what has been established in our
enforcement agreements with the States. Here, too, our
actions must be consistent with the timely and appropriate
policy. Adequate advance consultation with the states is
also necessary.
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As Administrator, I will emphasize the need for a balanced
approach to enforcement. Each of our tools must be incorporated
into our plans. We will use administrative and judicial
authorities. We will take civil and criminal actions against
violators. The regulated community and the public must know
that EPA and the States are willing and able to fully,
forcefully and aggressively use each of these tools to obtain
compliance.
Special attention needs to be given to the role of civil
penalties in this balanced program. We took an important
step forward last year when we developed our agency penalty
policy. We will follow through this year in assuring that
program-specific penalty policies are developed and implemented.
We will also work to include administrative penalty
authority in all of our statutes. Our policy for EPA is to
assure that those who violate the law must not enjoy any
economic benefit from non-compliance. Administrative penalties
will help us to achieve this goal.
With this philosophy in mind, I want the States to
understand how important a tool penalties can be for them.
Effective use of penalties will not only help them to correct
individual violations, it will also deter future violations
and promote practices which prevent non-compliance.
Beyond these basic goals of integrating enforcement into
our strategy for implementing our laws and working closely
with the states, we need to devote time to innovative thinking.
We must explore new ways of more effectively carrying out our
compliance and enforcement responsibilities.
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Multi-media inspections may play an increasingly important
role, for example. We need to identify circumstances where
one inspector, or one inspection team, can conduct required
inspections for more than one program at a single facility.
I would appreciate your thoughts on that.
When I was in the hazardous waste program, we talked
about alternatives to litigation for Superfund cleanups —
concepts like mediation, arbitration, and pay-and-walk. In
the toxic substances program, we have the "settlement-with-
conditions" tool for implementing the asbestos-in-schools
program.
These are also ideas which may have broader application
to other EPA compliance and enforcement efforts. Again, I
urge you to share your views with me on these.
We must also work to build a closer and more cooperative
relationship with the Department of Justice. Courtney Price
and the program compliance directors in EPA's media offices
are giving this a high priority. I encourage this effort.
To help forge this relationship, I ask all senior regional
managers to pursue similar partnerships. It is especially
important to have close cooperation with those U.S. Attorney
offices where we have important cases, or expect them to
evolve. And I encourage our colleages in the States to give
the same priority to working with their State attorneys
general.
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Another major priority in the coming year will be the
development of a criminal enforcement strategy. This strategy
will target certain industrial and business activities that
we believe require aggressive pro-active investigation. In
this way, we can use criminal enforcement to supplement our
other compliance activities.
Again, coordination with State and local agencies, other
Federal agencies, and the Justice Department will be critical
to our success in criminal enforcement. Equally important
will be solid, cooperative relationships with regional counsels,
regional program staffs, and headquarters program offices.
I need to say a few words about Federal facilities.
Federal compliance with environmental laws should be a model
for all others in the regulated community. That is my
expectation, and I believe it is the expectation of all
Americans. But I am not at all satisfied this is now the case.
Much more needs to be done by EPA at headquarters and in
the regions, as well as by other Federal agencies. States, too,
need to be ready to take the same firm, vigorous steps with
Federal facilities they apply to others in the regulated community.
As I said earlier, your accomplishments during the past
year have been impressive. We will not lose our momentum.
Continuing that momentum will require more hard work, and
more long hours. We will be under mounting pressure to deal
with a wide range of issues. Often, our work will be done
on a crisis basis. But we will continue to achieve measurable
results.
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With those general themes in mind, let's turn now to
some program-specific priorities. These priorities reflect
the goals of our senior managers. I believe they fairly
represent the priorities we will pursue together.
I would like to look at the hazardous waste program
first. After all, I have been living with RCRA and Superfund
for the past two years.
Enforcement plays a vital role in the Superfund program.
The amount of cleanup taking place as a result of enforcement
actions is an increasingly significant part of our overall
cleanup effort. Last year, we achieved 76 responsible party
settlements valued at over $145 million. A total of 150
administrative orders were issued. There were 41 cases
referred to the Justice Department; 36 cases were filed with
the courts.
These numbers are greater than the total numbers of
compliance and enforcement actions taken prior to 1984. At
the same time, we completed critical guidance and delegated
major program management authority to the Regions, I think
that is real progress. But we will not let down,
Superfund is a good example of a program where balance
is necessary between use of administrative and judicial
authorities. We will complement our administrative efforts
with vigorous judicial action. We will demonstrate a
willingness to go to court when necessary.
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Our cost-recovery program is just getting into high
gear. A number of issues must be resolved to permit us to
handle the increasing volume of cost-recovery actions which
will be initiated. It will be our policy to take action to
recover all costs incurred by government in Superfund response
actions.
At the same time, we will look for alternative strategies
for settling cost recovery actions, especially when relatively
small sums of money are involved. Superfund cost recovery is
an excellent example of the need to focus on management
planning and systems, and the importance of clear relationships
among Headquarters offices, the Regions, the States, and the
Justice Department.
RCRA has become one of the most visible and demanding of
t
all programs during the past year. We have a new law which
vastly expands the size of the regulated community.. Broadened
enforcement authorities blur the distinction between RCRA and
Superfund and provide new options for corrective actions at
RCRA facilities. Congress has pushed hard for alternatives
to land disposal of hazardous waste. This is reflected in
the directions we are taking for off-site disposal of Superfund
wastes.
Headquarters has worked closely with the Regions and the
States on a number of task forces to meet the RCRA reauthorization
challenge. This cooperation is critical for successful
implementation of the new law.
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The problem of groundwater contamination by hazardous
waste is a particularly important issue. Notwithstanding all
the progress EPA and the States have made in enforcing RCRA,
we recognize that in this critical area it appears that many
land disposal facilities are not in full compliance with our
regulations,,
A RCRA groundwater task force has been established,
reporting directly to the Assistant Administrator for Solid
Waste and Emergency Response. This group will play an important
role in coordinating RCRA groundwater activities. It will
work to make sure that every RCRA interim status or permitted
facility with groundwater monitoring requirements has a full,
comprehensive inspection.
The team will focus first on major commercial facilities
which are actual or potential recipients of Superfund wastes.
They will be working through and with various headquarters
organizations, the Regions, and the States. Their work will
be tied to on-going State and Regional inspection activities.
This team has my personal support. I urge you to give it
your full cooperation.
Turning to toxics and pesticides issues, I think it is
absolutely critical that we have sound working relationships
between Headquarters, the Regions, and the States. We are
launching a pilot State grant program under the Toxic Substances
Control Act under which 15 States will monitor compliance
with TSCA regulations. Among those substances to be monitored
are asbestos and PCBs.
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Again, I want us to spend the time necessary to make
sure that State personnel have the necessary tools to conduct
quality inspections and maintain effective enforcement
programs.
We will be giving continued priority to the asbestos-in-
schools program. Enforcement actions will be pursued
aggressively.
A second priority addresses the information submission
requirements of both TSCA and the Federal Insecticide,
Fungicide and Rodenticide Act. We depend upon timely, complete
and accurate data. Non-compliance seriously jeopardizes the
agency's .ability to make regulatory decisions necessary to
protect public health and the environment. We will be
stressing data audits and laboratory inspections to assure
compliance.
We need to take a very strong position on data fraud
under all of our programs. Along with such RCRA violations
as illegal dumping and fuel blending, this is an area where
the criminal enforcement program should — and will — be
involved.
In the air program, we want to give a major focus to
continuing compliance by both stationary and mobile sources
of air pollution. We will enhance inspection capabilities
through training and increase use of continuous emissions
monitoring.
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For stationary sources, we need to give priority attention
to major sources affecting non-attainment areas. I stress
again — and this is becoming a refrain — EPA and the States
must work together to make sure inspectors are fully versed
in the laws and regulations, even as more complex requirements
are imposed.
We need to continue to bring enforcement actions against
those who use leaded fuels in cars designed only for unleaded
products, and those who remove or tamper with emissions controls
It is clear that effective inspection and maintenance programs
at the State and local levels are critically important. So
are State and local efforts to prevent tampering and misfueling.
We must be willing to ensure programs are' implemented where
needed, and that corrective action is taken for those I/M
programs that are inadequate.
Yet another priority for the air program deals with
hazardous air pollutants. We will move forward aggressively
this year to complete a large number of listings and regulatory
efforts under Section 112 of the Clean Air Act. Finally, we
will expand the air program's initiatives to control volatile
organic compounds. Compliance and enforcement strategies
will be devised for smaller VOC sources in non-attainment
areas.
The National Municipal Strategy will be a continuing
priority of the water program. We are serious about July
1988 as the outside compliance deadline.
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Let me say at this point that I am aware many of you put
yourselves on the line in support of this program. I know
that actions had to be taken which were unpopular at times
and which required direct and difficult dealings with those
we regulate. I appreciate what you have done. You have my
full support. I anticipate this will be an increasingly
controversial component of our enforcement program, but an
extremely important one.
This agency is committed to the goal of enforceable
compliance schedules for all affected municipalities by the
end of fiscal year 1985. That is just a little more than
seven months from now. As you know better than I, working
with local governments, many of which have serious financial
problems, is a task requiring all the understanding, sensitivity
and firmness of purpose that this agency can muster. Regional
Administrators should pay close attention to this process and
involve themselves whenever necessary.
A second water enforcement priority is to assure compliance
with pretreatment requirements by publicly owned treatment works,
This is an example of how EPA and the Department of Justice
can work together to design and implement imaginative
enforcement strategies which provide a targeted approach.
As of last month, some 350 POTWs had failed to submit
complete and approvable pretreatment programs. Our goal is
to have all such programs submitted and approved, or to have
initiated judicial actions against the violators, by the end
of fiscal year 1985.
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To make this objective easier., we have agreed with the
Justice Department on a streamlined process that calls for
simultaneous filing of 15 okr more civil complaints nationwide.
This coordinated approach will send a strong message that we
are serious about the pretreatment program. It also represents
a model we and Justice may find relevant to other enforcement
initiatives.
In closing> let me stress once again how important this
meeting is.: 1 ask each of you to take advantage of these two
days v.vith your full cooperation*
I leave yea with these final thoughts:
o Last year, Bill Ruckelshaus turned on the heat in the
enforcement program. The heat is still on. We will continue
to produce results,
o 1 expect both quantity and quality in the enforcement
program. 'We cannot eff'ord to lose our momentum,
o We must ensure that enforcement is an integral part of
the implementation of esch of our environmental programs.
National program manages and regional program managers are
clearly accountable for ensuring that this happens.
o We need tc commit th'ne and effort to sitting down and
building strong relationships among EPA Headquarters, the
Regions, the States, localities „ and the Justice Department.
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o There must be a balanced enforcement program
using all appropriate tools — administrative and civil
authorities, criminal law, settlements, and alternatives
to litigation.
o Our enforcement effort must be consistent nationally
and we must implement it with firmness and fairness at
all levels of government.
The task ahead is not easy. But the challenge is
there. Compliance will continue to be a major goal in each
environmental program. To achieve that compliance, we must
have the commitment of our managers, effective policies and
procedures, adequate resources, and the will to make it
happen.
Thank you for having me here today.
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