ENFORCEMENT IN THE 80s
COMPLIANCE
WITH ENVIRONMENTAL WHS
ENVIRONMENTAL PROTECTION AGENCY
REGION 10
OFFICE OF ENFORCEMENT
MAY 1986
-------
INTRODUCTION
Environmental enforcement activities by federal and state governments
have increased significantly in the Pacific Northwest since Fiscal Year 1982.
EPA Region 10 will continue to encourage and ensure vigorous, fair and
consistent enforcement of federal laws, regulations and policies dealing with
the environment.
The data in this booklet graphically illustrates the rising number of
enforcement actions we are taking against significant violators who pollute
the environment in the Pacific Northwest. We believe this stepped-up
enforcement presence is effective as a deterence to potential violators.
This report compares environmental enforcement data in Region 10 from
Fiscal Year 1982 through Fiscal Year 1985. The data and graphs in this
document were put together as an "update" to last year's "Enforcement in the
80s" publication. The information in this booklet is divided into four
sections:
I. COOPERATIVE STATE-EPA ENFORCEMENT
II. STATE ENFORCEMENT ACTIONS
III. EPA ENFORCEMENT ACTIONS
IV. SUHMARY OF FY 85 ENFORCEMENT ACCOMPLISHMENTS
-------
I. COOPERATIVE FEDERAL-STATE ENFORCEMENT
EPA & STATES COMBINED - REGION 1O
o
3J
o
BOO
700 -
100 -
FY 82
All Programs — Enforcement Actions
FY 85
This data illustrates the number of inspections and enforcement actions
conducted by both EPA and the delegated state or local authority in Region 10
for all programs.
EPA & STATES COMBINED - REGION Ifl
All Programs - Enforcement Actions
ACTIONS
Inspections
NOVs
Orders
Civil /Cr imi nal
Referral s
FY 82
2526
388
38
13
FY 83
2667
446
126
14
FY 84
4226
662
174
15
FY 85
5806
740
297
25
7. Change
+ 1307.
+ 91%
+ 681%
+ 92%
NOTE: Percent change is the difference between fiscal years 1982 and 1985.
-------
II. STATE ENFORCEMENT ACTIONS
o
z
600
500 -
400 -
300 -
200 -J
100 -i
STATE/LOCAL - REGION 10
All Programs — Enforcement Actions
FY 82
FY 85
This data Illustrates the number of inspections and enforcement actions
conducted by the delegated states and local authorities in Alaska, Idaho,
Oregon, and Washington. The totals include all programs in which a state or
local authority has been delegated this authority.
STATE/LOCAL - REGION 10
All Programs - Enforcement Actions
ACTIONS
Inspections
NOVs *
Orders *
FY 82
1772
275
N/A
FY 83
2086
326
48
FY 84
3587
483
82
FY 85
5136
565
184
% Change
+ 178%
+ 105%
* * *
* Data not available for Air Programs.
*** Cannot compute percentage.
NOTE: Percent change is the difference between fiscal years 1982 and 1985.
-------
u
0
o
•
o
6,000
SjOOO -
« 4tOOO -
o
3,000 -*
2»000 -
1,000 -
IU1NI
Increasing Inspection Responsibilities'
FY 82
FY 83
FY 84
FY 85
EPA
STATES
With increased state delegation and maturity of established programs, the
number of state-delegated inspections has significantly increased, while EPA's
inspection rate (in delegated programs) has decreased. The pie graphs below
illustrate the difference between various programs on the percentage of
inspections conducted by the states and EPA.
CAA - % INSPECTIONS FY 85
CWA — X, INSPECTIONS FY 85
EPA (6.8%)
STATES (56.7%)
EPA (43J
STATES (93.2%)
RCRA - % INSPECTIONS FY 85
SDWA — % INSPECTIONS FY 85
STATES (81.5%)
EPA (18.5*)
EPA (3.3%)
STATES (96.7%)
-------
III. EPA ENFORCEMENT ACTIONS
o
o
z
190
180
170
160
150
140
130
120
110
100
90
80
70
60
50
40
30
20
10
0
EPA - REGION 10
All Programs — Enforcement Actions
FY 82
FY 83
FY 84
FY 85
Referrals
Orders
NOVa
This data illustrates the number of inspections and enforcement actions
conducted by EPA for all programs.
EPA - REGION 10
All Programs - Enforcement Actions
ACTIONS
Inspections
NOVs
Orders
Civil
Referral s
Crimi nal
Referral s
FY 82
754
113
38
13
0
FY 83
581
120
78
11
3
FY 84
639
179
92
12
3
FY 85
670
175
113
19
6
7. Change
- 117.
+ 55%
+ 1977,,
+ 461
* * *
*** Cannot compute percentage.
NOTE: Percent change is the difference between fiscal years 1982 and 1985.
-------
CLEAN AIR ACT:
o
o
11
10 -
g -
8 -
7 -
6 -
5 -
4 -
3 -
2 -
1
0
CAA
EPA — Enforcement Actions
T
FY 82 FY 83 FY 84
1771 Referrals E553 Orders
FY B5
NOVs
This data illustrates the number of inspections and enforcement actions
conducted by EPA for the Air Program.
CAA
EPA - Enforcement Actions
ACTIONS
Inspections
NOVs
Orders
Referral s
FY 82
116
2
0
I
FY 83
75
1
1
2
FY 84
80
8
5
1
FY 85
11
9
10
4
% Change
- 34%
+ 350%
* * *
+ 300%
*** Cannot compute percentage.
NOTE: Percent change is the difference between fiscal years 1982 and 1985.
-------
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION
AND LIABILITY ACT (Superfund):
This data illustrates the number of enforcement actions conducted by EPA
for the CERCLA Program.
CERCLA
EPA - Enforcement Actions
ACTIONS
Uni lateral
Order
Consent Order
Referral s
Assessed*
Cost Recovery
Offset**
Cost Recovery
FY 82
0
1
2
0
0
FY 83
0
1
2
0
$ 100,000
FY 84
7
1
0
$ 134,500
$11 ,010,000
FY 85
3
6
1
$ 180,444
$1 ,395,000
7. Change
* * *
+ 5007.
- 501
* * *
* * *
* Costs due the SUPERFUND.
** Costs spent by responsible parties on clean-up pursuant to CERCLA orders
*** Cannot compute percentage.
NOTE: Percent change is the difference between fiscal years 1982 and 1985.
-------
RESOURCE CONSERVATION AND RECOVERY ACT:
o
40
35 -
30 -
25
20
15
10
5 -
FY 82
RCRA
EPA — Enforcement Actions
FY 83
FY 84
FY 85
Referrals
Orders
NOVs
This data Illustrates the number of Inspections and enforcement actions
conducted by EPA for the RCRA Program.
RCRA
EPA - Enforcement Actions
ACTIONS
Inspections
NOVs
Compl ai nts
Orders
Referral s
Assessed
Admin Penlts
FY 82
71
27
1
0
1
0
FY 83
97
28
~l
1
5
1
$40,800
FY 84
62
26
7
8
0
$257,225
FY 85
62
36
13
8
1
$154,000
7. Change
- 1 3%
+ 33%
+1200%
* * *
0%
* * *
*** Cannot compute percentage.
NOTE: Percent change is the difference between fiscal years 1982 and 1985.
-------
CLEAN WATER ACT:
CWA
EPA — Enforcement Actions
n
o
1
o
35 -I
30
25
20
15
10
5 -J
FY 82 FT 83
J7"7l Referrals
FY 85
This data illustrates the number of inspections and enforcement actions
conducted by EPA for the CWA Program.
CHA
EPA - Enforcement Actions
ACTIONS
Inspections
Orders
Referral s
FY 82
163
13
3
FY 83
156
35
5
FY 84
143
18
10
FY 85
130
26
13
'/, Change
- 20%
+ 1007=
+ 3337.
NOTE: Percent change is the difference between fiscal years 1982 and 1985.
-------
SAFE DRINKING WATER ACT:
n
o
1
o
SDWA
EPA — Enforcement Actions
FY 83 FY 84
RSNS3 Compl Agrmts
FY 85
NOVs
This data illustrates the number of inspections and enforcement actions
conducted by EPA for the SDWA Program.
SDWA
EPA - Enforcement Actions
ACTIONS
Inspections
NOVs
Compl Agrmts
Referral s
FY 82
235*
1
9
7
FY 83
78
4
7
2
FY 84
89
4
12
1
FY 85
81
6
5
0
7. Change
+ 47.
+ 500%
- 447.
- 1007.
*Includes sampling survey inspections.
NOTE: Percent change is the difference between fiscal years 1982 and 1985,
except for inspections, which is the difference between fiscal years 1983 and
1985.
10
-------
FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT:
§
o
FIFRA
EPA — Enforcement Actions
FY 82 FY 83
YS\ Complaints
FY 84
FY 85
NONCs
This data illustrates the number of inspections and enforcement actions
conducted by EPA for the FIFRA Program.
FIFRA
EPA - Enforcement Actions
ACTIONS
Inspections
NONCs
Complaints
FY 82
41
47
14
FY 83
32
39
15
FY 84
16
38
22
FY 85
18
87
10
7. Change
- 56%
+ 85%
- 28%
NOTE: Percent change is the difference between fiscal years 1982 and 1985
11
-------
TOXIC SUBSTANCES CONTROL ACT:
o
53
o
z
10 -
FY 82
TSCA
EPA -
Enforcement Actions
103
FY 83
Complaints
FY 84
FY 85
NONCs
This data illustrates the number of inspections and enforcement actions
conducted by EPA for the TSCA Program.
TSCA
EPA - Enforcement Actions
ACTIONS
Inspections
NONCs
Compl ai nts
Assessed
Admin Penlts
FY 82
128
36
O
L.
$24,000
FY 83
143
42
15
$155,500
FY 84
249
103
19
$440,000
FY 85
302
37
45
$1 ,114,000
7. Change
-t- 1367.
+ 3%
+2150%
+ 45427.
NOTE: Percent change is the difference between fiscal years 1982 and 1985.
12
-------
IV. SUMMARY OF FY 85 ENFORCEMENT ACCOMPLISHMENTS
AIR ENFORCEMENT ACCOMPLISHMENTS:
The major accomplishment in air enforcement during FY 85 was to get
the states to take a more active role. They issued significantly more
NOVs and compliance orders than they had previously. Our emphasis on
state enforcement actions was backed up by the real threat that if they
did not take enforcement action we would. The number of NOVs and orders
issued by Idaho increased from 13 in FY 84 to 33 in FY 85. In Washington
and Oregon, penalty assessments, NOVs and orders increased from 65 to 80
and 72 to 83, respectively. An NOV to Alaska Pulp in Sitka, Alaska, was
issued even though it was for violations of CAA requirements covered
under that State's primacy.
During FY 84-85, ASARCO made the decision to shut down their Tacoma,
Washington, smelter because of S02, arsenic, and particulate problems.
The company was put on notice that we would take enforcement action if
reduced maintenance or poor operation of the facility resulted in
deterioration of the environment during the shutdown period, from July
1984 to March 1985. The fact that air emissions from the smelter did not
result in further air quality reductions during this period can be
attributed to EPA's firm enforcement position.
HAZARDOUS WASTE ENFORCEMENT ACCOMPLISHMENTS:
A. Superfund
In April 1985, a consent order was signed with seven utilities and a
salvage operator for a remedial investigation and feasibility study
concerning contamination from PCB and other toxic chemicals at the site
of this salvage operation. This study included extensive sampling and
cost approximately $500,000. A second consent order was signed in
September 1985 concerning stabilization of the site. It is estimated
that this part of the project will cost approximately $600,000. Site
stabilization is projected to be completed in September 1986. This case
is unique because the utilites have joined together voluntarily to
conduct this Superfund effort.
B. RCRA
In Fiscal 1985, the Department of Justice obtained a twelve-count
indictment against the Wyckoff Company president and three supervisors
for alleged conspiracy, disposing of hazardous waste without a permit,
making false statements to the government, and discharging pollutants
without a permit. The case resulted in fines, imprisonment, and
sentences to perform community service while on probation. This was the
first criminal conviction in Region 10 resulting in imprisonment of a
company's president.
13
-------
HATER ENFORCEMENT ACCOMPLISHMENTS:
A. NPDES
A significant shift in emphasis on enforcing permits for placer
mining is reflected in FY 85 accomplishments. Sixty-seven 309 consent
orders were issued to placer miners during the fiscal year. The Region
referred five cases to the Department of Justice. Four consent decrees
resulted from litigation of placer mining cases, requiring corrective
actions and payment of fines. Four other FY 85 placer mining cases are
pending ongoing litigation. Prior to FY 84, there was no judicial
enforcement involving placer mining in the Region.
B. Drinking Hater
The Department of Environmental Conservation in Alaska issued their
first consent agreement for major drinking water concerns with the City
of Ketchikan. The consent agreement will require the construction of a
treatment facility expected to cost $20 million. In addition, the Idaho
Department of Health and Welfare issued their first major monetary
penalty for drinking water noncompliance. A $13,000 penalty was assessed
administratively against Jughandle Estates for failure to comply with the
State's administrative order. A $44,000 penalty was assessed by the
courts against Village 21 in Grangeville, Idaho, for contempt of court.
This facility failed to comply with a court order resulting from a case
initiated by the local health department.
PESTICIDES AND TOXIC SUBSTANCES ENFORCEMENT ACCOMPLISHMENTS:
A. FIFRA
For the first time, the Region was able to achieve 100 percent
compliance in reporting of annual production records for approximately
320 firms. The Region went beyond the routine in making contacts with
the delinquent facilities.
B. TSCA
Settlement of two cases involving PCB violations in Alaska resulted
in the companies (Chugach Electric Association and Copper Valley
Electric) agreeing to develop and present a series of seminars for
outlying utilities in Alaska. A manual for distribution to Alaska
utilites will also be developed. This effort will "spread the word"
about the regulation of PCBs to rural areas EPA is unlikely to reach.
A Memorandum of Agreement (MOA) was negotiated and signed with
Bonneville Power Administration (BPA) after violations of PCB regulations
were found at two BPA facilities. The BPA has agreed to conduct
EPA-equivalent inspections at their facilities, beginning with 100
substations known to have PCB units. They will train their staff to
conduct inspection and clean-up procedures, environmental audits for
hazardous materials (as defined in CERCLA), and soil sampling and
testing. The MOA also requires that the BPA develop a three-year program
which will bring the 100 substations into compliance with EPA laws, a
plan for remedial action where problems are found, and annual plans
outlining sites to be inspected.
14
-------
404 WETLANDS ENFORCEMENT ACCOMPLISHMENTS:
The Region issued its first removal order under the 404 program in
July 1985. A 309 cease and desist order was issued in May 1985 to
Merlino and Slater Company for depositing fill material on a wetland area
in the Duwamish waterway without a permit. Though only one-third of an
acre is involved, this case is precedence-setting. It reinforces the
Region's strong commitment to the protection of our diminishing wetlands.
CRIMINAL ENFORCEMENT NUMBERS FY 85:
Investigations - 9
Subpoenas - 184
Search Warrants - 10
Referrals: EPA - 6
DOJ - 4
Indictments/Informations - 2
Pleas or Verdicts - 2
This data illustrates the number of civil and criminal cases referred to
EPA Headquarters for litigation to the Department of Justice by EPA for all
programs.
REGION 10 - LITIGATION
CASE REFERRALS
•o
§
«
n
o
O
O
26
24-
22 -
20 -
18 -
16 -
14-
12 -
10 -
a -
6
4 -
2 -
0
FY81
FY82
FYB3
FY84
FY85
Civil
Criminal
15
-------
This data illustrates the percentage of active judicial cases during FY 85
by statutory authority. (Total 39 active cases.)
ACTIVE JUDICIAL CASES
during FY 85
CERCLA (12.555)
RCRA (9.455)
CAA (12.5%)
SDWA (3.155)
TSCA (3.155)
OTHER (9.455)
CWA (50.055)
This data illustrates the percentage of active administrative actions
during FY 85 by statutory authority. (Total 530 active actions.)
ACTIVE ADMINISTRATIVE ACTIONS
during FY 85
CAA (10.455)
TSCA (16.455)
CERCIA (7.255)
RCRA (6.156)
FIFRA (5.755)
SDWA (5.156)
OTHER (0.855)
CWA (48.355)
16
-------
JUDICIAL PENALTIES ADJUSTED
This data illustrates the amount of judicial penalties adjusted (assessed)
by statutory authority.
AUTHORITY
CWA
CAA
SDWA
TOTAL
FY 82
$ 50,600
0
0
$ 50,600
FY 83
$635,000
$ 13,020
$ 8 , 800
$656,820
FY 84
$ 97,080
$ 50,000
$ 45,850
$192,930
FY 85
$122,500
$ 17,800
$ 2,000
$142,300
% Change
+ 142%
«**
***
+ 1817.
*** Cannot compute percentage.
NOTE: Percent change is the difference between fiscal years 1982 and 1985.
JUDICIAL PENALTY STATUS*
This data illustrates the status of judicial penalties referred to the
Department of Justice by EPA.
PENALTY
Number of
Penalties
Initial
(proposed)
Adjusted
(assessed)
Collected
FY 82
3
* *
$ 50,600
$ 50,600
FY 83
6
$628,067
$656,820
$642,323
FY 84
10
$225,480
'$192,930
$154,730
FY 85
9
$137,000
$142,300
$134,894
7. Change
+ 2007.
* * *
+ 181%
+ 166%
* Status as of May 7, 1986, from the national Enforcement Docket System.
** Not available.
*** Cannot compute percentage.
NOTE: Percent change is the difference between fiscal years 1982 and 1985
17
------- |