ENFORCEMENT IN THE 80s
          COMPLIANCE
    WITH  ENVIRONMENTAL WHS
ENVIRONMENTAL  PROTECTION  AGENCY
           REGION  10
     OFFICE OF ENFORCEMENT
           MAY 1986

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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

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 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.

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 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.

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 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%)

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 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.

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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.

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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.

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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.

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  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.

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 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

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 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

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  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

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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

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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

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 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

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     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

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                          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

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