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 ------- |