Colorado I Montana I North Dakota | South Dakota | Utah Wyoming | 27 Tribal Nations
908 R. 05-001
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I am pleased to present the 2005 EPA Region 8 Progress and Priorities Report. Here, in Region 8 — the Northern Great Plains and
Rocky Mountain Region — EPA has been collaborating with state and local governments, tribal nations, communities and
nongovernmental organizations to protect public health and the environment for nearly 35 years.
Two hundred years ago, Lewis and Clark and the "Corps of Discovery" passed through the heart of Region 8 on their famous journey
up the Missouri River. In the midst of this bicentennial, I often wonder what Lewis and Clark would make of the landscape that we know.
Today, as one travels a now-harnessed Missouri to its headwaters, the journey passes by farms and ranches, oil and gas wells, hard rock
mines and the occasional city and rural town.
Yet, while much has changed, much would be familiar to Lewis and Clark. The trip northwestward still features expanses of open
plains, rolling foothills, free-flowing streams and the rocky peaks of the Continental Divide. Native birds, antelope, wolves and grizzlies
still persevere. Tribal communities sustain traditional cultures. The region, in many ways, remains a frontier — a place where human
cultures meet and interact with the natural environment.
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I I Region 8 States
Bi Water Bodies
Elevation
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787 feet
Today, Region 8's states and tribal lands represent a wildly diverse region:
• In terms of geography — Region 8 encompasses varied and dramatic landscapes
including the alpine peaks of the Rockies, the arid canyons and deserts of the
Colorado Plateau and the flat farmland of the Eastern Dakotas.
• In terms of built environment — two-thirds of our people live in two major urban
areas, Colorado's Front Range and Utah's Wasatch Front, with the remaining
one-third spread over vast, rural expanses.
• In terms of governments — EPA works with myriad federal, state, local, county and
tribal governments in Region 8, all deeply involved in various environmental
protection activities.
• In terms of environmental issues — Region 8 works with a wide spectrum, from
managing big city air and water pollution issues and large hazardous waste sites to
addressing rural drinking water, livestock feedlot and pesticide problems.
It is this diversity — a diversity of cultures, of economies, of ecosystems — that
forms the context in which EPA works to provide clean air, water, and land and protect
human and natural communities in Region 8. The following pages provide examples
that illustrate how we are working with a variety of tools in diverse communities across
the region.
•.yer, Dawn Charging - ND
Robert E. Roberts
Regional Administrator
EPA Region 8
January 2005
2 Letter
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Contents:
Introduction to Region 8
Chapter One I Clean Air 10
Chapter Two I Clean Water 16
Chapter Three I Land Preservation and Restoration 22
Chapter Four I Communities and Ecosystems 28
Chapter Five I Compliance and Stewardship 34
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Contents j 3
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I\:
4 EPARegion8
What is EPA Region 8?
The Environmental Protection Agency’s Region 8 office works to protect human health and the
environment in Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming and 27 sovereign
tribal nations. We share this mission with many partners — state, local and tribal governments,
businesses, nongovernmental organizations, communities and individuals.
EPA Region 8 is unique. Our states encompass the heart of the West, including much of the
Rocky Mountains, Great Plains and Colorado Plateau. More than two-thirds of our roughly 10 million
people live in two distinct bands of urban development, Colorado’s Front Range and Utah’s Wasatch
Front. These areas, along with a few isolated cities and towns, are experiencing rapid population
growth.
Paradoxically, Region 8 is home to some of the most rural counties in the nation. Characterized
by vast open spaces — mountains, plains, canyons and deserts — and small, concentrated
population centers, these areas still maintain some of the wild and frontier character that many
associate with the West. They also contain many of our nation’s most recognizable landscapes,
including Yellowstone, Glacier, Rocky Mountain, Badlands, Zion and dozens more National Parks and
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Monuments, millions of acres of forests, and
still more range, farm and grassland.
Water defines our region. Much of Region
8 is arid, placing a premium on the availability
and quality of water resources to meet
competing demands from farmers,
municipalities, recreationists as well as fish and
wildlife. Many rivers originate in the Rocky
Mountain States; their waters are vital sources
of life for people, plants and animals.
Land ownership patterns influence EPA’s
work in Region 8. Public lands — including
those managed by the U.S. Forest Service, the
Bureau of Land Management, and the
National Park Service — comprise more than
one-third of the land area, making EPA’s
success dependent on our ability to work with
other federal agencies. Tribal nations, which
collectively cover an area the size of
Tennessee, are also prominent. EPA Region
8 works closely with each of these 27
sovereign nations to protect human health and
the environment.
Region 8 is also defined by an abundance
of natural resources, from rich natural gas and
coal deposits to vast expanses of wilderness
rich in ecological diversity. These resources
support thriving economies in our states,
tribes and local communities, and are a vital
part of our regional identity.
EPA’s statutes and our work
with states and tribes
Since 1970, EPA has been charged with
implementing and enforcing significant laws
and regulations that are the foundation of
programs that protect our air, water, land, food
and ecosystems. EPA delegates the
responsibility for many environmental laws to
states and tribes. In these situations, EPA’s
role is focused on technical assistance and
Land Ownership in Region 8
More than one-third of the Region’s land area is managed by the
federal government. Sovereign tribal nations are depicted in light
orange color.
Falls, Montana, where carbon
Water is purer. Since 1972, permit programs that limit pollution have improved
water quality in rivers and lakes across the region, leading to water that is safer for
swimming, fishing and drinking. More than 2,000 pollution sources are covered under
these programs, preventing millions of pounds of pollutants from entering Region 8’s
waters each year. Other programs to protect ground and surface waters have led to
cleanups at over 14,000 leaking underground storage tanks, helped communities
revitalize rivers and streams in hundreds of watersheds and eliminated risks to local
water resources at thousands of hazardous waste sites. In addition, drinking water rules
and regulations — and EPA’s technical and financial support to help water systems
meet them — have assured that more than 95 percent of the region’s population
consistently receives water that meets all health-based standards.
Land is better protected. EPA’s Superfund program has successfully cleaned up or
is in the process of cleaning up more than 60 sites with serious hazardous waste
contamination in Region 8. Many of these areas have been returned to productive use.
Region 8’s hazardous waste program regulates hundreds of facilities that use or
produce dangerous substances and uses a cradle-to-grave waste management system
I
oversight. However, Congress has specified
that some laws, like Superfund, can only be
implemented by EPA.
Region 8 successes
Since 1970, EPA and its partners have
achieved remarkable successes. Nationally,
our air is cleaner, our water is purer, our
drinking water and food are safer, and our
land is cleaner than when we started. Here in
Region 8, we have achieved similarly
impressive results.
Air is cleaner. Region-wide data indicate
that carbon monoxide concentrations at
monitoring locations have been cut by more
than 70 percent (1982-2001), lead by more
than 90 percent (1 982-2001), sulfur dioxide by
70 percent (1 982-2001), particulate matter by
more than 10 percent (1 992-2001) and ozone
by 10 percent (1983-2002). The region’s
biggest urban areas, Denver and Salt Lake
City, have made dramatic air quality strides
due to controls on automobiles and industry.
And success is not just limited to urban areas.
The air is also cleaner in many small cities like Great
monoxide concentrations have been cut by 50 percent since 1987
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that oversees their proper reuse or disposal.
The Region’s National Environmental Policy
Act program has reviewed thousands of
projects on federal lands to make sure that
the development and use of forests,
grasslands and other sensitive natural areas
minimizes environmental impacts. And these
are just a few examples.
Despite these successes, EPA’s work
continues. As environmental issues change in
nature and context, so must we. Persistent
and emerging challenges require the strength
of existing laws as well as innovative
approaches. For example, some of our urban
areas are again experiencing problems with
ozone pollution. The clear vistas we enjoy at
our parks and monuments are threatened by
new sources of air pollution. Runoff from
mines, farms and pastures remains a
stubborn source of water pollution. New
health-based drinking water standards are
proving difficult to reach and costly to
implement. Responsibilities associated with
Homeland Security have added workloads to
environmental programs. Today, more than
ever, meeting these challenges depends on
effective partnerships with states and tribes.
EPA Region 8 priorities
Agriculture
In terms of geography, agriculture
represents the largest land use and the most
widespread set of potential impacts on the
environment in Region 8. There are nearly
145,000 farms and ranches in Region 8.
These account for nearly one-fourth of the
total farm and ranch area in the nation, and
more than half of the region’s land area,
including 240 million acres of public and
private grazing land. Because of this, EPA’s
ability to help and encourage ranchers and
farmers to practice environmental
stewardship is critical.
Agriculture, and the industries it supports,
is also one of the most important economic
sectors in our states and tribes. These
activities generate more than $16 billion
annually in Region 8, with beef cattle, sheep,
lambs, hogs, wheat, hay, soybeans, corn, dry
beans, barley, sunflowers and canola as
leading commodities.
Many environmental challenges are
associated with agriculture. For example,
rivers and streams can be polluted with
sediments and nutrients that run off fields
and pastures. In some areas, pesticides have
leached through soils and into groundwater.
The trend toward large-scale farming,
particularly animal feedlots, presents
challenges associated with the management
of large volumes of animal waste.
EPA Region 8’s Agriculture Strategy
includes developing partnerships with
producers as well as federal, state and local
agencies to support agricultural economies
while improving environmental performance.
Our objectives include protecting rivers,
lakes, and groundwater from pollution,
ensuring drinking water quality, encouraging
the safe use and management of pesticides,
and generally maintaining the adequacy of
programs that address agricultural impacts.
This includes work with partners to
implement Concentrated Animal Feeding
Operations (CAFO) rules that protect water
quality, promote pollution prevention on
farms and within agribusiness, encourage
stewardship and conservation practices for
agricultural lands, and assess the potential
impacts of biotechnology and transmissible
diseases.
Photo: USDA NRCS
Farmland in North Dakota. Windbreaks reduce erosion, absorb runoff
and prevent sediments and nutrients from polluting surface and
groundwater.
I
Cattle ranching
in Wyoming.
Nearly half of
Region 8’s land
area is used for
raising livestock.
Photo: USDA-NRcS
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Energy
Region 8’s states and tribal nations contain
vast fossil fuel and renewable energy
resources — so vast that the region is in many
ways the center of the nation’s energy future.
Our region produces nearly half of the
nation’s coal and large amounts of gas and
oil, and contains significant reserves of these
conventional fossil fuels as well as less
conventional resources such as coalbed
methane. Region 8 also enjoys significant
renewable resources, including wind, solar,
geothermal and biomass.
With the current emphasis on resource
extraction and electricity production to meet
growing demand and foster national security,
energy projects in Region 8 are increasing.
More mines and wells are being dug, more
power plants are being built, and more
pipelines and transmission lines are being laid.
Region 8’s programs protect air, water,
land and ecosystems from the potential
impacts of energy development and
production. Specific objectives include
making sure that air quality and visibility are
not degraded by power plant emissions;
surface water, drinking water sources and
ground water are protected from polluted
runoff and wastes; and ecosystems and
wetlands are preserved as roads and
transmission lines are built.
Strengthening partnerships is critical in
addressing energy issues. Region 8 is
engaged with federal agencies, states, tribes
and non-governmental organizations to
protect the environment and increase
efficiencies in the review and permitting of
energy activities. Success in this area will
expedite and ensure environmentally
protective development.
Promoting energy efficiency and
supporting renewable energy resources are
also parts of our energy priority. Many areas in
Region 8 are beginning to tap vast wind-
energy potential through the construction of
wind turbines and transmission lines. Since
2001, the amount of wind energy generated
in our region has tripled and now represents
more than 10 percent of the nation’s total
wind generation. EPA Region 8 is encouraging
these projects by incorporating them into
enforcement settlements and by sharing
information and technical assistance with
partners. In addition, programs such as
ENERGY STAR® promote energy efficiency in
homes, businesses and public places. This
work achieves substantial energy and cost
savings as well as pollution reductions.
Through greater efficiency and the
development of cleaner sources, we can help
meet growing needs and protect the
environment.
Homeland Security
EPA has been called upon to play a
strategic role in Homeland Security efforts to
improve preparedness and the ability to
respond to terrorist attacks. The president
has delegated to EPA the responsibility for
safeguarding the nation’s drinking water
supplies and delivery systems and for
responding to biological, chemical and hazardous waste risks posed by potential
terrorist attacks.
One of EPA’s most important roles is responding to emergencies. Over the past
years, EPA provided time-critical responses to the attacks on the World Trade Center
and the anthrax contamination on Capitol Hill. In the event of future attacks or
disasters, Region 8 is ready to provide technical expertise, emergency response and
further protection for any threats to health and environment. EPA Region 8 possesses
unique capabilities to collect, synthesize, interpret and communicate complex
information about possible contaminants and the condition of the environment.
These include highly skilled on-scene coordinators, extensive links to state and local
responders, and sophisticated laboratory analysis and monitoring skills. Region 8 has
also established a Regional Operations Center for emergency communications and
coordination.
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Coalbed methane rig. CBM has emerged as a significant energy
resource in Region 8. Much of the nation’s CBM currently comes from
Wyoming and Montana’s Powder River Basin, where more than 10,000
wells have come online since 2000. Today, more than 13,000 are in
operation with many more expected. EPA is working with partners to
make sure CBM development occurs in a manner that protects wildlife
and air and water quality.
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Salt Lake City’s Gateway District, before and after revitalization.
EPA invested heavily in the assessment and cleanup of the area
with state and local partners. Today, the thriving district
contributes more than $275 million in annual property tax
revenues alone and supports thousands jobs.
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Prevention, including safeguarding
vulnerable infrastructure and materials, is an
important part of our Homeland Security
mandate. Region 8 has taken steps to promote
security awareness for industrial and municipal
facilities, as well as businesses and
communities. We will continue to work with
partners to improve our ability to prevent,
prepare for and respond to any types of
incidents that threaten human health and the
environment.
Region 8 is also focused on strengthening
the communications network we have
established with federal, state and local
response authorities, enhancing expertise and
readiness through training and coordinated
exercises, and taking additional steps to secure
infrastructure and hazardous materials. In the
long term, our efforts will minimize the
likelihood of terrorist incidents and assure our
ability to provide time-critical and coordinated
responses to any incidents that do occur.
Revitalization
Revitalization is a term EPA uses to describe
efforts to bring once-polluted areas back into
protiuctive use. While EPA has traditionally
cleaned up pollution, it is only in the past
decade that our programs have begun to focus
on reusing the places that we clean up as parks,
golf courses, open space, natural areas, parking
lots, residential areas, commercial space or
mixed-use developments. Most of this activity
has been through our Superfund program,
which is focused on high-risk sites and costly
cleanups, and our Brownfields program, which
provides resources to assess, clean up and
revive areas where uncertainty about
contamination impedes redevelopment.
Here in Region 8, EPA revitalization
successes include forging a world-class golf
course out of an area once contaminated by
heavy metals from past copper smelting
activities in Anaconda, Montana, and
transforming a site with low-level radioactive
soils in Denver into a thriving Home Depot. In
Salt Lake City, EPA’s work to help assess and
clean up properties helped transform the once
dilapidated Gateway District into a thriving
commercial and residential area. Region 8
successes also include working with local
stakeholders to restore watersheds.
The goal of EPA’s revitalization agenda is to
extend the reuse concept into relevant
programs so that communities can safely return
land and water resources to productive use.
Region 8 is making planning for the reuse of
sites a part of the Resource Conservation and
Recovery Act, Underground Storage Tank,
Federal Facilities, Base Realignment and
Closure and Ecosystems Protection programs.
Through this approach, sites will be assessed
comprehensively, and if necessary, cleaned up
or restored. This integration leverages
resources from multiple programs and provides
certainty and comfort to local governments,
communities and businesses about properties
and their readiness for reuse.
EPA is beginning to use this revitalization
approach in places like the San Juan Mountains
in Southwest Colorado. Our work in the region
will provide a menu of flexible tools, funding
sources, technical expertise and regulatory
options that focus on reviving local
communities and the watersheds they depend
on. Region 8’s revitalization agenda is also
working in Denver, bringing programs together
to collect data to determine the readiness of
properties for reuse across the city. In Indian
Country, revitalization work is helping identify
and clean up waste sites so they can be reused
and contribute to the economic and social
health of tribal communities.
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8 I EPARegion8
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Supporting State and Tribal Programs
States
States are vital partners in achieving EPA’s mission. A large
percentage of EPA’s programs are delegated to Region 8 states,
which also carry out other environmental work through
cooperative agreements, contracts and other arrangements. In
2004, EPA provided more than $166 million to environmental
health, protection and agriculture agencies in Region 8 states,
including $100 million for clean water and drinking water
revolving loan funds.
To maintain and improve the effectiveness of the programs
that we delegate to states, EPA continues to build strong,
collaborative relationships with state agencies that leverage
respective authorities and responsibilities. EPA plays an oversight
role in these situations, and focuses on providing states with
adequate resources and technical support.
Another focus area in our partnership with states is improving
the ability to focus limited resources on priorities. In Region 8,
EPA and states are collaborating on a “priority-driven resource
allocation’ process that makes sure that resources are deployed
to the most critical environmental problems.
Tribes
Indian Country is a big part of Region 8 — our land area
includes 27 sovereign tribal nations, which collectively cover an
area the size of Tennessee. EPA has a special trust responsibility to
provide environmental protection on these lands.
Environmental challenges on tribal lands are significant. Most
tribes lack the resources and expertise to carry out full-fledged
environmental programs, and many face basic issues such as
inadequate waste disposal options and poor drinking water
systems.
EPA Region 8’s strategy is to implement programs on tribal
lands while concurrently helping tribes develop the skills and
capacity to manage their own programs. EPA devotes
considerable staff and resources to make sure that clean drinking
water is available on tribal lands, for example. EPA also conducted
more than 400 inspections on Region 8 tribal lands in 2004 and
provided tribes with more than $1 1 million in grants for water
quality standards and monitoring, wetlands protection, air quality
planning and monitoring and pesticides management activities.
EPA is making strides in helping tribes develop their
own programs. As of 2004, Region 8 tribes have been
awarded “treatment in the same manner as a state”
(TAS) status for a collective total of 67 programs. This
status enables tribes to receive funding for specific
program activities in cooperation with EPA. TAS
represents the most basic step towards full program
delegation and allows tribes to hire contractors and
address important environmental issues on their own.
Under TAS, tribes have been given authority to
implement limited programs for setting water quality
standards, monitoring programs and nonpoint source
water pollution grants.
EPA’s ultimate goal is to help tribes attain full
delegation of programs. Two reservations in Montana,
the Flathead, home to the Confederated Salish and Kootenai
tribes, and Fort Peck, home to the Sioux and Assiniboine, are fully
delegated EPA’s Water Quality Standards program. Region 8
expects more tribes to achieve full delegation of additional
programs in upcoming years.
Direct Implementation
EPA Region 8 has a large workload devoted to directly
implementing programs on tribal lands, in states that have not
accepted delegation for certain programs, and for programs that
legislation does not allow us to delegate.
Despite the progress noted in the sections above, Region 8 is
charged with implementing the vast majority of environmental
programs on tribal lands and many programs or portions of
programs in states. These include the Public Water System
program in Wyoming as well as Superfund, Radon, Toxic Release
Inventory and additional programs that legislation does not allow
us to delegate to states.
Meeting these responsibilities is critical to the protection of
human health and the environment in Region 8. This challenge
will continue to demand our attention and a large share of our
resources, especially as increased activities in sectors such as
energy and agriculture add workloads to programs. Region 8 also
has a responsibility to make sure that our programs protect
sensitive and at-risk populations, including children, the aged,
low-income families and other groups that may be
disproportionately affected by environmental impacts.
Photo: Da wi awgbig- NDToun n
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Ir
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Introduction
Air quality is one of the most basic of EPA’s responsibilities. Region 8’s Air program helps maintain
clear vistas and keep the air healthy to breathe by implementing the Clean Air Act with six states and
27 tribes. This includes our most populated areas, where vehicles and manufacturing and industrial
activities are major pollution sources, and our rural areas, where power plants, energy development,
agriculture and other activities can impact air quality and visibility.
Because there are many different sources of air pollution — everything from cars, trucks and
construction equipment to power plants, refineries and manufacturing plants — the tools we use vary
greatly. Permitting stationary sources helps us manage emissions; monitoring helps us identify and
track potential problem areas and develop strategies that protect human health; and enforcement
activities allows us to ensure compliance with the Clean Air Act.
Holding the line on ozone in Denver
In 2003, Denver became the first city in the nation to come back into attainment for five of the six
basic Clean Air Act pollutants. The city has come a long way since being one of the most polluted in
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the nation in the 1970s and 80s. Clean air,
proximity to the Rocky Mountains, and other
amenities made Denver one of the nation’s
fastest growing cities in the 1 990s. With the
problems of the past behind them, the City of
Denver and State of Colorado value clean air
and are working hard with EPA to keep it that
way by addressing ozone pollution.
Ground-level ozone is formed when air
masses stagnate and volatile organic
compounds and nitrogen oxides react in the
presence of sunlight. Cars, trucks, power
plants and industrial facilities are the biggest
sources of these emissions, while chemical
solvents and even paint fumes also contribute.
Ozone pollution is a big concern in urban
areas in the summer months when lots of sun
and high temperatures normally occur. Ozone
is a strong irritant and is unhealthy to breathe,
especially for people with respiratory diseases
and for children and adults who are active
outdoors.
Despite the progress made in the past,
ozone has begun to reemerge as a problem in
Denver and along the Front Range. During
the summer of 2003, the city endured its
worst ozone season in 20 years, and in April
2004, EPA formally announced that the
Denver area does not meet the new, more
stringent ozone requirements. This status is
based on high ozone concentrations
measured during the summers of 2001
through 2003. The area identified by EPA
includes part or all of nine counties, and the
cities of Boulder, Greeley and Fort Collins.
State and local governments are taking
proactive steps to address ozone pollution
through a flexible, EPA-endorsed plan called
an Early Action Compact. Signatories to the
EAC include the Colorado Department of
Health and Environment, the Denver Regional
Air Quality Council, the Colorado Air Quality
Control Commission, the Colorado
Department of Transportation, the City of
Denver and other local governments
throughout the Front Range.
The EAC will allow Denver to get to clean
air earlier than required by implementing a
suite of control measures to reduce ground-
level ozone. Primary measures include the use
of lower Reid Vapor Pressure gasoline; major
reductions in VOC emissions associated with
the operations of more than 10,000 gas wells
in the area; and emission reductions from
reciprocating internal combustion engines.
Denver’s air will also reap the benefits of
cleaner car and truck engines as a result of
EPA’s Tier 2 national rule, which includes more
protective standards for tailpipe emissions and
for sulfur content in gasoline. Additional
approaches such as emission controls on
industrial facilities and more planning
requirements for transportation projects are
also being considered.
As a result of this early action, Denver’s
non-attainment status has been deferred and
the city will remain in attainment as long as
actions taken under the compact result in
attainment of the new ozone standard by
December 31, 2007. During the summer of
2004, no ozone violations were recorded in
the Denver area, primarily due to an unusually
cool summer.
Region 8 Administrator Robbie Roberts
stressed that the Early Action Compact
represents yet another step that builds on the
progress of past decades. “This is about the
air in Denver getting cleaner,” said Roberts.
“It is about establishing a new, tougher
standard for human health and working
collaboratively with our partners to reach that
standard.”
Number of Days with Unhealthy Air Q altty in Der ver
1973-2003
180
160
140
120
100
80
60
40
20
0
Days
Denver has come a long way from the days when unhealthy air was a
common occurrence (above). Over the past three decades, the
number of days where air quality was measured as “unhealthy for
sensitive groups” to “very unhealthy” and “hazardous” to breathe has
declined dramatically. Carbon monoxide and ozone were common
culprits during the ‘70s and ‘80s. Today, ozone is reemerging as a
concern (below). In April 2004 EPA began using a more stringent
ozone standard that will improve air quality for nearly 160 million
people nationwide. The graph below shows Denver-area monitor
readings and the new 8-hour standard of 0.08 ppm.
8-Hour 4th Highest Ozone Trends
from selected Denver Metropolitan Monitoring Stations
2000 2001 2002 2003
South Boulder
I Rocky Flats Golden
‘.0 0’. C’. ’a U) N 0 C’)
N N N CO CO CO 0’. 0’. 0’. 0 0
0’. O ’ .O ’ . O ’ .O ’ .O’. () ‘ . ‘ . 0’. 00
C ’ .4 ( ‘ ..J
I Chatfield Reservoir
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Controlling evaporative
emissions from gasoline
When it comes to summer ozone, gasoline
is one of the big culprits. During the summer
months, VOCs such as butane, xylene and
benzene evaporate from gasoline into the air
and can contribute to high ozone days. When
you consider that there are thousands of gas
stations in the Denver area, these emissions
add up.
In 2004, EPA acted to reduce VOC
emissions in Denver by requiring that gasoline
sold during the summer meet a lower
volatility standard. Volatility is often
measured as Reid Vapor Pressure. A lower
RVP means that the fuel evaporates less
readily into the air. Additionally, by using the
lower RVP gasoline, cars actually perform
better and have lower emissions — thus
doubling the benefits to the environment
while improving vehicle performance.
EPA conducted a survey of refiners
serving the Denver area and determined that
a 7.8 psi RVP federal requirement for gasoline
was attainable and should be enforced. This
more stringent requirement (down from the
9.0 psi RVP previously allowed by EPA
waivers) is reducing the emission of ozone-
forming VOCs in the summer months by as
much as 13 tons per day.
Protecting our ‘spacious skies’
Region 8 is a land of wide, open spaces.
Two-thirds of our population reside along
Utah’s Wasatch Front and Colorado’s Front
Range. The rest of the region is comprised of
vast, sparsely populated areas of evergreen
forests, rugged mountains and canyons, high
plateaus, arid farmland and grasslands —
areas where pristine air quality and long vistas
are valued for their natural recreational, scenic
or historic importance.
While most areas in Region 8 are attaining
health-based air quality standards, many
receive special treatment under the Clean Air
Act. In fact, all areas are protected by rules
from “significant deterioration,” but the
highest level of protection is afforded to
national parks, forests, wilderness areas, and
tribal areas that volunteer for more stringent
protection. Congress has set a clear goal of
protecting, preserving and enhancing air
quality in these special Class 1 areas.
Region 8’s Air program, working with
states and tribes, is responsible for the
Prevention of Significant Deterioration
provisions of the CAA in 42 of these specially
designated Class 1 areas. The basic goals of
the PSD program are: (1) to ensure that
resource development and growth continues
while preserving existing air quality and (2) to
maintain air quality in areas of special value.
Class 1 areas have stringent limits on how
much air pollution levels can increase. Large,
new sources of air pollution and modifications
to existing major sources that may impact
these areas are subject to environmental
reviews and are required to employ the best
pollution control technologies available. Any
new sources determined to potentially
exceed allowable pollution “increments” are
prohibited, unless they find an offset from an
existing source.
In Region 8, there are many places where
new air pollution sources or the expansion of
older sources are a concern, particularly for
nitrogen dioxide, sulfur dioxide and
particulate matter. These sources include oil,
gas and coal development activities and
power plants. Currently, EPA is working with
states and tribes in North Dakota, the Powder
River Basin in Wyoming and Montana, the
Green River Basin in Southwest Wyoming,
and the San Juan Basin in Southwest
Photo: National Park Service
Glacier National Park, Montana. The Clean Air Act protects pristine
air quality here and in 41 other specially designated areas in Region 8.
• rt LÜf I . , : .
t _
I
Region 8 Administrator Robbie Roberts helps dedicate additions to
the Clean School Bus fleet in Denver, Colorado. EPA has set a national
goal of upgrading the nation’s entire school bus fleet to low-emission
buses by 2010.
-------
Colorado to monitor potential PSD concerns. EPA’s goal in these
areas is to find solutions that protect air quality in sensitive areas
like the Northern Cheyenne Indian Reservation and Mesa Verde,
Grand Teton and Theodore Roosevelt National Parks, while
allowing the appropriate development of energy resources and
economic growth to continue. Through collaboration, we are
working to find innovative solutions that keep Western vistas
unspoiled.
Taking the ‘black puff’ out of school buses
EPA is protecting children from poor air quality by targeting
school buses. Diesel school buses, especially older ones that lack
emission control devices, emit particulate matter and other
pollutants in diesel exhaust that, when inhaled, may aggravate
asthma, allergies and cause other health problems. Under the
Clean School Bus USA grant program, Region 8 is funding projects
that reduce children’s exposure by retrofitting buses to run on
cleaner fuels and replacing the oldest buses with new, less
polluting ones.
In October 2003, twelve Colorado Front Range school districts
were awarded a $400,000 grant to retrofit school bus fleets with
diesel catalyst mufflers and low-pollution biodiesel. Diesel catalyst
mufflers reduce fine particulate matter emissions by up to 20
percent and nitrogen oxide emissions by up tolO percent by
breaking down pollutants into harmless gases as they pass through
the exhaust system. Biodiesel is a domestically produced
renewable fuel that can be made from vegetable oil or animal fat.
EPA estimates that B20 (20 percent biodiesel and 80 percent
petrodiesel) reduces emissions of particulate matter by 10 percent,
hydrocarbons by 21 percent and carbon monoxide by 11 percent.
Region 8 has awarded similar grants to other communities. In
2003, the Jordan School District in Utah received a $350,000 grant
to purchase new school buses that run on compressed natural gas,
a low-pollution fuel that can cut nitrogen oxides by 40 to 60
percent, and carbon monoxide and particulates by even more.
More recently, EPA awarded Littleton (Colorado) Public Schools
$21,000 to fund the additional cost of biodiesel fuel for their entire
fleet of 67 buses, and the Missoula (Montana) City-County Health
Department received a grant to fund the additional cost of
biodiesel fuel for two companies that provide bus service to the
area.
Improving indoor ENERGY STARS Homes in Region 8
Each home enrol/ed represents up to 4,500 pounds in greenhouse
schools
gas emissions avoided and hundreds of dollars in energy savings.
Most people are aware
that outdoor air pollution
can damage their health,
but indoor air pollution
can be just as harmful.
Studies indicate that
indoor air pollution can be
two to five times, and in
some cases more than 100
times, higher than outdoor
levels. Unlike outdoor air,
indoor air is often recycled
again and again. This
causes it to trap and build
up pollutants such as dust,
mold and spores, pollen,
pet dander and smoke.
6000
5000
4000
3000
2000
1000
0
n
fl
I_
2000 2uuI 2002 2003 2004
In addressing indoor air quality, EPA is focusing a lot of
attention on schools. Nearly 55 million young people spend their
days in 115,000 elementary and secondary schools across the
United States. Studies show that half of these schools have
problems that can be linked to unsatisfactory indoor air quality,
and one in four report unsatisfactory ventilation.
Problems associated with poor indoor air quality include
asthma, lower performance and attention spans, and higher rates
of student and teacher absenteeism. Nationally, asthma rates have
doubled since 1980 and today the disease affects one in 13 school
children. It is estimated that up to 13 million school days are
missed every year because of asthma.
EPA’s Tools for Schools program provides schools with a
comprehensive strategy to address indoor air issues. Since 1999,
more than 300 schools in Region 8 have fully implemented the
Tools for Schools program and improved indoor air quality.
In South Dakota, the Rapid City Area School District 51-4
recently completed implementation of the program in all 27 of its
schools and received EPA’S Tools for Schools Excellence Award.
Here, school officials, with the support of Region 8 staff and
air quality in
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Green power lighting up Moab
of carbon dioxide or planting 750 acres of trees.
With the help of some forward-
looking leaders, wind power
continues to emerge as a
significant renewable resource in
Region 8. In August 2004, Moab,
Castle Valley, Pack Creek Ranch,
and Spanish Valley, Utah, made a
commitment to have four percent
of the Greater Moab Area’s
electricity usage offset by wind
power, making it the first in the
nation to meet and exceed the
EPA Green Power Partnership’s
minimum benchmark for green
power usage with voluntary
purchases. EPA estimates the
environmental benefit is
equivalent to avoiding the
generation of four million pounds
Welcome to
Green Power
Community
Ene,qi inq O ii
Commuftily
Cisan, Rsaswable En.rgy
[ ( GREEN
Matt Clouse (left), director of EPA’s
Green Power Partnership, presents
Moab Mayor, Dave Sakrison, and
Castle Valley Mayor, Bruce Keeler,
with a banner recognizing Greater
Moab as the nation’s first Green
Power Community.
Much of the credit for this success belongs to the campaign led
by the Moab Green Power Steering Committee, a group of citizens,
business leaders and public officials. Under the agreement, Moab
businesses and residents will work through Utah Power’s Blue Sky
program to increase current wind power purchases to four percent
of total energy usage.
Moab Mayor David Sakrison was one of the key leaders in
advocating the clean energy choice. “This designation symbolizes
our commitment to both the development of renewable energy
technologies and protecting our environment,” he said. Others
agree. “EPA is delighted to recognize the Moab Area for
pioneering this partnership of businesses and residents to increase
green power usage,” said EPA Regional Administrator Robbie
Roberts. “The community is supporting new, clean, renewable
power facilities that generate electricity with less air pollution and
no net increases in greenhouse gas emissions.”
:
..: .
• contractors, inspected all of the district’s
schools and administrative buildings and
identified problems affecting indoor air.
The buildings were checked for poor
ventilation, proper air flow from heating
and cooling vents, mold, mildew and
sources of odor pollutants. Issues that
needed immediate attention or could be
fixed easily have already been
addressed. Others were scheduled for
maintenance and are being addressed.
One Rapid City school, Horace Mann
Elementary, is nearly 50 years old.
During inspections, several indoor air
quality issues were found, including
mold, poor ventilation and broken
exhaust fans and air vents. In 2003, the
entire HVAC system of the school was
replaced and today, the district reports a
measurable decrease in student and
teacher absenteeism and improve
teacher morale. The district attributes
some of this good news to
improvements in indoor air quality.
Saving air quality, energy
and money with ENERGY
STAR”
EPA’s ENERGY programs
contribute to cleaner air by improving
energy efficiency and reducing emissions
of greenhouse gases and pollution from
fossil fuel combustion. Last year,
Americans participating in ENERGY
STAR programs saved enough energy to
power 20 million homes and avoided
greenhouse gas emissions equivalent to
those released from 18 million vehicles.
This was accomplished while saving
consumers $9 billion.
In Region 8, more than 500
organizations participate in ENERGY
STAR programs, from home builders,
governments, K-12 schools, colleges
and universities, commercial
organizations, utilities to small business,
restaurants, congregations and product
manufacturers.
PEOPLE IN ACTION
-------
One of the biggest highlights for 2004 is Kennecott
Land’s Daybreak residential community in South Jordan,
Utah. Now under construction, Daybreak will eventually
include up to 14,000 homes, making it the largest
ENERGY STAR residential development in the nation.
The developer, Kennecott Land, has made a
commitment to building communities that use fewer
resources and minimize environmental impacts by
requiring builders to meet high energy-efficiency
standards. So far, the 23 homes in Daybreak’s model
community have been tested and meet ENERGY STAR
for Homes standards.
The project has emerged as a model for
construction standards in the area and the state. Energy
efficient components in Daybreak homes include blown-
in fiberglass, cellulose or expanding foam insulation in
above grade walls, advanced air sealing on the building
shell and duct systems, low-emissivity glass in all
windows and + 90 percent efficient furnaces. As a
result, the homes use 30 percent less energy than
homes built to the Model Energy Code. In terms of
avoided pollution, just one Daybreak home will keep up
to 4,500 pounds of greenhouse gases out of the air
each year — 14,000 homes will prevent the release of a
staggering 63 million pounds annually. In addition, the
homes provide improved indoor air quality and optimal
ventilation, reducing exposure to potential sources of
indoor pollutants that often enter through leaks in
attics, basements or garages. Homeowners will get all
these energy and environmental benefits and reduce
their utility bills by as much as $400 annually.
Daybreak is about more than just energy efficiency.
Additional sustainable and “green building” practices
include an on-site construction waste recycling program,
a water recapture system that captures and reuses all
runoff water, diverse landscapes that include indigenous
and water-wise plants, parks and open space
preservation, commercial energy-efficient building
design, recycling for homes and businesses and
alternative transportation.
0.16
0.14-
0.12
0.1
0.
0.08
a
0.06
0 ,04
0.02
0
RESU LTS IN FOCUS
j
1993 1994
I
Billings, Montana Area
S02 24-hour 2nd Max
LU
24 hour standard — 0.14 PPM
I I i ii. Ld I. L .
1995 1996 1997 1998 1999 2000 2001 2002 2003
Year
EPA and the Montana Department of Environmental Quality have been working together over
the past decade to control sulfur dioxide pollution in the Billings area. This graph shows that the
state implementation plan for air quality has been effective in reducing SO2 concentrations well
below health-based standards at monitoring sites. These plans focus on reducing SO2 emissions
from seven industrial facilities in the area.
Health concerns associated with exposure to S02 include effects on breathing, respiratory
illness, alterations in the lungs defenses, and aggravation of existing cardiovascular disease.
Subgroups of the population that are most sensitive to SO2 include asthmatics and individuals
with cardiovascular disease or chronic lung disease, as well as children and the elderly. Together,
SO2 and NOx are the major precursors to acidic deposition (acid rain), which is associated with
the acidification of lakes and streams, accelerated corrosion of buildings and monuments and
reduced visibility.
Region 8 has four areas where S02 concentrations have been frequently higher than or
approached the standard in the past. These include Billings and East Helena, Montana, and Salt
Lake County and a portion of Tooele County in Utah. SO2 concentrations in each of these areas
have been reduced due to state efforts to control emissions.
Laurel
• Colburn Road
• Mt. Olive
Sacrifice
• Bridal Shop
• Lower colburn
Beartooth Elementary
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/0
N
I
16 I Water
Introduction
As the headwaters for major river systems that provide water for 27 states, the Rocky Mountains
in Region 8 serve as a major source of water. The Colorado, Missouri, Platte, Rio Grande, Arkansas
and Yellowstone Rivers are among the most notable of these waterways, which give life to Western
landscapes. Free-flowing, dammed into reservoirs, pumped and diverted, and held in underground
aquifers, this water does a lot of work. It supplies millions of people with drinking water, grows crops
and feeds cattle, supports plants and fish and sustains vibrant recreational economies. With each
passing year, the demands that we place on this limited resource increase, intensifying the
competition between uses and placing a premium on the availability of clean water.
Region 8 works with state and tribal partners to protect surface and groundwater quality through
a variety of programs established under the Clean Water Act and other laws. Some provide grants
to help states monitor lakes and rivers and develop plans to clean up impaired waters. Others
support local watershed-based efforts, providing communities with expertise and resources to
address key issues. Still other programs help protect groundwater, including aquifers and potential
drinking-water sources.
I
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No-till fields (left) and stream bank stabilization (right) are key pollution
reduction measures being successfully employed in the Big Sioux
watershed in South Dakota. EPA’s support of state and local efforts in
the watershed is achieving significant reductions in sediment and
phosphorous pollution.
Addressing nonpoint sources of pollution
Among the most challenging sources of water pollution are
“nonpoint sources” — pollution from widespread, difficult-to-
manage places such as runoff from farmland and urban areas. This
pollution, whether in the form of nutrients such as phosphorous
and nitrogen, sediment, oil, chemicals or other pollutants, is
responsible for more than half of the impaired lakes and rivers in
Region 8.
EPA’s Nonpoint Source program supports local efforts to
develop and implement management practices that reduce
pollution from these sources. In Region 8, EPA has invested $104
million in more than 1,100 nonpoint source control projects since
1989. Many have achieved dramatic results.
EPA is involved in a big water quality success in Chalk Creek, a
tributary in Utah’s Weber River watershed. Chalk Creek provides
part of Ogden’s drinking water and is home to a pure strain of
native Bonneville cutthroat trout.
Fifteen years ago, Chalk Creek had serious pollution problems
with high levels of phosphorus and sediments from dozens of
farms in the watershed. Since then, nearly 100 landowners have
worked with EPA and other federal, state and local partners to
control pollution and implement restoration projects. Voluntary
cooperation has improved 84,000 acres, more than half the
drainage, over the last decade.
Collectively, these
actions have reduced
concentrations of total
phosphorus in Chalk
Creek by 20 percent. This
impressive result was
accomplished through
actions taken to reduce
the erosion of sediments
into the creek, including
stabilizing stream banks,
restoring streamside
vegetation and improving
rangeland cover to
reduce runoff. Today
willows and cottonwoods
thrive along the creek,
providing shade shelter
for trout, trapping
sediments and preventing
runoff from reaching the
water. Water quality
improvement is expected
to continue as these
projects mature — good
news for Chalk Creek and
the fish that need oxygen
and high quality water to
survive.
Collaborating to manage animal feedlots
Over the past decade, the emergence of large livestock
operations has been a big trend in agriculture. These feedlots —
which can hold thousands of cattle, dairy cows, hogs, chickens,
turkeys and other animals — generate manure, litter and
wastewater that contain pollutants such as nitrogen, phosphorous,
solids, metals and bacteria. Many produce more wastewater than
large cities, which, when poorly managed, can enter local waters
from spills or breaks of storage structures, from surface streams
and runoff and the application of excess manure to crop land.
With more than 750 of these large, concentrated animal
feedlot operations (called CAFOs), EPA Region 8 has been a
Percentage of Samples in Chalk Creek Exceeding Standards
for Phosphorous and Suspended Solids
100
80
60
40
20
0
Photos: South Dakota DENR
1997 1998 1999 2000
Phosphorus
2001 2002 2003
• Suspended Solids
Graph: Utah DEQ
“ The Bonneville cutthroat
trout. This pure strain of
native trout is benefiting
from pollution reductions
in Chalk Creek, Utah.
Photo: National Park Service
‘v’Vater 17
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18 Water
Photo: AMEC Earth and Environmental, Inc.
A restored streambed with
wetlands at the Preserves
development in
Greenwood Village,
Colorado.
leader in developing a national strategy to
address their impacts. EPA began working in
the late 1990s with the U.S. Department of
Agriculture, state environment and
agriculture agencies and producer groups to
revise Clean Water Act regulations to
manage animal waste. The strategy included
three years of consultation with producer
groups to develop rules that made economic
and environmental sense.
EPA issued the CAFO regulations in
2003, and Region 8 is now helping states
inventory CAFOs and establish permit
programs that address design and waste
management issues for production areas and
land application activities, such as applying
waste to fertilize crops. In addition to
permits, all CAFOs are required to have a
Nutrient Management Plan in place by the
end of 2006. These NMPs outline how each
operation will safely manage and dispose of
the solid and liquid waste its animals
generate.
Over the past two years, Region 8 and
state agencies have been working on the
ground with producers to help them manage
animal waste. More than 350 CAFOs have
been permitted, and most of the remaining
permits will be issued by 2006. These
permits provide for site and equipment
inspections, proper waste containment,
identification of setback requirements for
land application areas, manure and soil
samples, spill records and an annual report.
The results have been good for the
environment and good for producers. By
taking advantage of resources and support
provided by USDA Farm Bill programs, EPA
and state agencies, livestock owners are
relocating livestock areas, installing fences
along streams, building wastewater lagoons
and drainage pipes, installing waste
digesters and taking other measures to keep
pollution out of rivers and streams.
Nationally, the new CAFO regulations are
protecting rivers and lakes by reducing
nutrients such as phosphorous and nitrogen,
elevated organic matter and pathogens that
harm aquatic life, livestock and drinking
water supplies. When fully implemented, the
regulations will reduce phosphorus released
into the environment by 56 million pounds
nationally each year, and nitrogen releases
by more than 100 million pounds.
Managing growth and water
quality in an urban watershed
In many areas in Region 8, especially in
rapidly growing areas along Colorado’s Front
Range and Utah’s Wasatch Front, EPA is
helping local interests manage water-quality
impacts associated with growth.
Urbanization can be a water-quality
concern because replacing open space and
natural areas with buildings, parking lots,
streets and sidewalks introduces new
pollution sources and increases “impervious”
surface area. This reduces the natural
infiltration of water into groundwater, leading
to increased storm-water runoff and pollution
loads to nearby streams and rivers.
In 1999, the Cherry Creek Stewardship
Partners formed to find solutions to water-
quality problems in the rapidly growing
Cherry Creek watershed (parts of Denver and
Arapahoe and Douglas counties). The
Partners started with a basin-wide
conference and have been building a
growing coalition of local governments, land-
use planners, private developers, contractors
and resource protection advocates ever
since.
Photo: Utah OEQ
In Utah, the effort to address pollution from CAFOs has focused on
maintaining the viability of livestock production. Here, producers are
helping other producers find solutions that work. Jon Beck is one of
them. For many years, runoff from Jon’s feed yard drained directly into
the Spanish Fork River. After members of the Utah Animal Feedlot
Operations team told him about USDA programs that would help pay
for pollution-reduction measures, Jon moved the feed yard and
constructed a berm along 225 feet of river to prevent runoff from
reaching the river (photo above shows berm on the left and the
relocated feedlot). “I didn’t want to admit it, but I was polluting the
waterways,” says Jon. ‘This program came out and I thought I’d might
as well take advantage of it and make sure it’s done right.”
• ‘
r
, .jI .
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One result of this collaboration is the Smart Growth for Clean
Water project, one of five national EPA pilots selected in 2003 to
demonstrate innovative growth-management approaches that
protect water resources. This project emphasizes concepts such as
enhancing and creating key wetland areas; using land
conservation and building setbacks to maintain urban wildlife
corridors; developing grass swales and porous landscape
detention ponds to capture polluted runoff and control flooding;
clustering new development to optimize open space and absorb
runoff; and restoring streams to shallow channels with wide
floodplains.
The Partners’ ability to provide outreach has been critical to
success. Arapahoe County Engineer, Lanae Raymond, explains,
“The Partners have committed to ‘leave no developer behind’ in
the smart growth for clean water effort. If there is a developer
who wants to explore innovative designs that increase their
bottom line and build community values, we are here to work with
them.” One innovative part of the project is the use of a
“phosphorous facilitator,” a professional who works with
developers and planners to encourage environmentally friendly
projects.
These efforts have increased awareness of growth impacts on
Cherry Creek and have brought people together to go beyond
minimal regulations to protect water quality in the basin. These
steps will make sure that Cherry Creek remains a vital resource as
the Denver area continues to grow.
Protecting groundwater
Groundwater is an increasingly important resource in Region 8,
especially as a source of drinking water. Many activities, such as
the use of fertilizers and pesticides in crop production, oil and gas
development, chemical production and mining activities can cause
pollution to leach through soils into the underlying water table. In
some places, pollutants in groundwater can also become airborne
and affect indoor air quality. Some of these pollutants can last a
long time, a concern for both current and future drinking-water
supplies.
One of the most important sources of groundwater pollution
are the underground storage tanks used at gas stations, fuel
storage facilities, chemical production and storage facilities and
other businesses which can leak or rupture and contaminate
groundwater. Common pollutants at these sites include volatile
I
organic compounds such
as benzene, ethylbenzene,
xylene and toluene, as well
as hazardous substances
such as trichioroethylene
and perch loroethylene.
EPA’s Underground
Storage Tank program
provides resources to
states and tribes to remove
leaking tanks and clean up
polluted soils and
groundwater. The program
also establishes high
standards for new tanks to
make sure that they don’t
rupture or leak. To date,
Region 8 and its partners
have closed more than 66,000 substandard USTs and completed
more than 14,000 cleanups at leaking UST sites. While cleanups
continue, EPA is working to ensure that the Region’s 23,000 active
tanks meet requirements and are operated properly.
EPA is also using tank cleanup activities to achieve
redevelopment goals. In Salt Lake City, an EPA UST fields pilot
grant has helped the Utah Department of Environmental Quality
assess contamination at the Citifront site and employ an
innovative strategy using hydrogen peroxide injections to clean up
the groundwater. The property now houses a four-story mixed
residential and commercial building, including 155 apartment
units.
Region 8 is also cleaning up several sites in Indian Country and
working with stakeholders to encourage redevelopment. One of
these, the Pryor Trading Post site on the Crow Reservation in
Montana was cleaned up and determined as “ready for reuse” in
October 2004. The tribe intends to redevelop this site into a
much needed community center for youth and senior citizens and
a grocery.
Providing safe drinking water
Thousands of public and private drinking water supply systems,
from large urban systems to those in isolated rural and tribal
communities, deliver water to nearly 10 million people in Region 8
Tank removal on the Northern Cheyenne Reservation in Montana.
EPA works with tribes to remove leaking and unsafe tanks and clean
up soil and groundwater pollution. EPA’s storage tank program has
addressed nearly 500 sites in Indian Country.
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One of the most important tools being used to revive
polluted lakes and rivers are flexible plans called Total
Maximum Daily Loads. TMDLs transform sick waters into
healthy ones. In Region 8, they are addressing a wide
range of problems in urban, suburban, mining and
agricultural watersheds.
The TMDL process starts with states and tribes
determining water quality standards for their lakes and
rivers. EPA works closely with states and tribes in
establishing standards that are protective of specific uses
including drinking water, recreation, fisheries and
agricultural uses. Once standards are set, states and
authorized tribes monitor and report on water quality;
those waters that are polluted are listed as impaired.
Under the Clean Water Act, EPA approves lists of
impaired waters and TMDL plans submitted by states
and authorized tribes. TMDLs are then implemented
through existing regulatory and voluntary programs,
many of which are described in this chapter. EPA Region
8’s TMDL program emphasizes collaboration with local
stakeholders. Since 1996, EPA has approved more than
1,300 TMDLs in Region 8, with another 1,700 expected
by 2011.
How does a TMDL work?
Imagine we have a river that is polluted with
phosphorous, a nutrient that in excess can deprive water
of oxygen and kill aquatic life. The first step in
developing a TMDL is to look at sources of phosphorous
along the river and estimate how much each is
contributing. In this case, there are three sources: a
wastewater treatment plant, a pulp mill and a cattle
ranch. They respectively contribute 90, 60 and 30
pounds of phosphorous to the river daily, a total of 180
pounds.
We know that 180 pounds of phosphorous is giving
us a polluted river, so the question becomes how much
do we need to reduce to get a clean river? This step
requires some scientific
analysis to assess the
river’s physical and
chemical makeup to
determine an amount the
ri Jer can receive without
exceeding the standard.
In this case, it is
determined that the river
can receive 100 pounds
daily — a total maximum
daily load — without
exceeding the standard.
Since there are currently
180 pounds of
phosphorous entering the
river daily, we need to
eliminate 80 pounds to
reach the TMDL.
How do we get these reductions? The next step is to
look at the pollution sources and allocate the TMDL of
100 pounds between them. In assigning allowable
amounts from each source the TMDL can be flexibly
designed to consider the cost and feasibility of
reductions.
Let’s say that the water treatment plant can most
easily get reductions with a new treatment process that
cuts phosphorous by 50 pounds a day. Now, only 30
pounds of reductions are needed from the mill and the
ranch. If the pulp mill installs a new waste-recovery
system that reduces pollution by 20 pounds, and the
cattle ranch plants a vegetative buffer along the river
that reduces loads by 10 pounds, the TMDL is complete.
As this simple example illustrates, a TMDL is a useful
and flexible tool that provides a blueprint for source-by-
source pollution reductions. Collectively, these
reductions turn a polluted stream into a clean one.
EPA: 2004
each day. EPA works closely with state,
local and tribal governments to ensure that
these drinking-water systems consistently
meet all federal health-based standards.
Region 8 is directly responsible for this task
in the state of Wyoming and on tribal
lands. For other states, we provide grants,
loans, technical assistance and oversight to
help states and water systems meet
requirements associated with the Safe
Drinking Water Act.
Investing in drinking water through
revolving loan funds
Providing safe drinking water is neither
cheap, nor easy. Treating and monitoring
water to make sure it is free of pathogens,
chemicals, metals, organic pollutants and
other substances that can harm human
health require extensive infrastructure and
technical skills. To help meet these needs,
EPA provides money to states through the
Drinking Water State Revolving Fund.
States use this fund to implement their
own drinking water programs and give
loans to local governments to build,
maintain and improve drinking water
treatment plants and improve the quality of
source water entering those plants.
Since 1997, the six Region 8 DWSRF
programs have received more than $430
million in EPA grants. These funds support
a variety of activities such as public water
system Supervision, Source water
protection, capacity development and
operator certification. Through 2004,
states have used these grants to provide
more than $500 million to water systems to
construct infrastructure and address
drinking-water problems, including those
related to meeting new health-based
requirements established under the Safe
Drinking Water Act, including the Surface
RESULTS IN FOCUS
TMDLs: Flexible prescriptions for healthy lakes and rivers
Habitat/Flow/Thermal Alterations
• Metals
• Nutrients/Organic Enrichment!
Low Dissolved Oxygen
Sediment/Siltation
• Pathogens
• Salinity/Dissolved Solids/chlorides
Other
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Percent of Population Served by Community
Water Systems in Region 8 that Meet All
Health-Based Standards
100%
90%
80%
70%
60%
50%
L() ‘0 N
0 0 . 0 . 0’ 0’ 0 ’
0 ’0 ’0 ’0’0 ’0 ’ 0 ’
N
Fiscal Year
U R8 Nat’I
Community water systems in Region 8
continue to invest in water treatment
infrastructure and source water protection to
ensure that drinking water meets all health-
based standards and treatment requirements.
Performance in Region 8 continues to
improve.
Water Treatment Rule, Interim
Enhanced Surface Water Treatment
Rule, Arsenic Rule and
Disinfectants/Disinfection By-
Products Rule.
Delivering safe drinking water
to rural communities and tribes
in South Dakota
EPA is also helping rural
communities and tribes secure
access to safe drinking water. One
ongoing effort is the massive Mni
Wiconi project in South Dakota.
Here, a 15-year-long project to
build a network of treatment
plants, water towers and pumps
and thousands of miles of water
distribution lines is beginning to
deliver clean water from the
Missouri River to thousands of
people.
When complete, the project
will include more than 4,000 miles
of pipeline making it the largest
distribution system in the United States. One major source of water for the project
is a new surface water treatment plant located in Ft. Pierre.
In 2004, progress on Mni Wiconi Rural Water System continued. The project is
now about 60 percent complete and when finished will serve about 50,000 people,
including members of the Lower Brule Sioux Tribe, the Rosebud Sioux Tribe, the
Oglala Sioux Tribe, and citizens in a number of rural, non-tribal communities.
EPA Region 8 has provided this huge project with resources and technical
assistance including a dedicated engineer and regulatory specialist in a Pierre,
South Dakota, field office. Today, as the system approaches completion, one of
EPA’s biggest roles is regulating the system which includes the treatment plant,
core line and delivery systems, to make sure that safe drinking water rules and
requirements such as monitoring and testing are met.
OPLE IN ACTION
Water quality partners in the Red River basin
The Red River, which flows northward
into Canada and forms the border
between North Dakota and Minnesota,
has been a Region 8 priority for many
years. Since 1995, EPA programs have
invested nearly $5 million in grants and
significant staff time to restore land and
improve water quality in the largely
agricultural basin, With EPA’S help, basin
interests have embraced a watershed
approach and made great progress in
involving citizens in efforts to solve water-
quality and ecological problems.
EPA’s success in the Red River has
been achieved with help from a lot of friends. In 2004, Region 8 presented
the “Friend of EPA” Award to Charles Fritz of the Red River Basin Institute,
Genevieve Thompson of Greenway on the Red and Audubon Dakota, and
Bob Backman and Christine Holland of River Keepers. The four were
presented with the award for leading dozens of projects that are
improving water quality in the basin. This includes efforts to create an
interstate, multi-stakeholder plan to reduce pollution loads to the Red
River, a volunteer chemical and biological monitoring program, and an
agreement between local universities enabling cooperative work on
natural resource issues.
The four were further praised for assisting EPA in a regional bio-
assessment workshop and establishing an annual water festival which
educates more than 1,400 students. In addition, the group received
accolades for mapping wetlands and developing a plan to create a 600-
mile greenway (of which 150 miles is already completed) along the river,
and working closely with Canadian interests on international water-quality
and treaty issues.
EPA’s collaboration with local partners in the Red River basin
demonstrates a growing ability to bring interests together to achieve
locally defined environmental goals. “Without EPA’S support many of the
successful basin-wide initiatives would never have been undertaken,” said
Chuck Fritz.
N
N N N N
.—
-
Bob Backman and Christine
Holland of River Keepers host a
tour of the Red River aboard
the S.S. Ruby.
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- - r4
.7. 1
Introduction
The Environmental Protection Agency implements several federal laws that preserve and restore
land. The Comprehensive Environmental Response, Compensation and Liability Act, commonly
known as Super-fund, provides for the cleanup of the nation’s biggest and most expensive hazardous
waste sites and in places where quick action is needed to deal with immediate threats to public
health or the environment. The Resource Conservation and Recovery Act regulates hazardous waste
storage, transportation and disposal; cleans up spills and leaks at hazardous waste and underground
fuel storage facilities; and encourages energy and resource conservation through waste recycling,
recovery and reduction. To protect our country against the environmental and health consequences
of acts of terrorism, EPA also plays a vital role in meeting various Homeland Security laws and
directives.
Making progress on high-priority cleanups
Years ago, people were far less aware of how the mismanagement of chemicals and other
hazardous wastes might affect public health and the environment. On thousands of properties across
the nation, the result was abandoned waste sites that poisoned land, water and natural
environments. Concern over the extent of this problem led Congress to establish the Super-fund
program in 1980 to locate, investigate and clean up the worst sites. EPA administers the Super-fund
program in cooperation with states and tribal governrne 5 Cleanups under the Super-fund law are
based on the “polluter pays” principle, which means that when possible, EPA pursues compensation
from responsible parties that taxpayers don’t get stuck with the bill.
Since 1980, 60 sites in Region 8 have been listed on Super-fund’s National Priorities List, which
includes those sites representing the greatest risk to human health, welfare and the environment.
Eureka, Utah,
and remnants
of its historic
mining legacy
set beneath
the backdrop
of the Tintic
Mountains.
Founded in 1870,
Eureka was once a
major silver, gold and lead production center. Today, high
levels of lead and arsenic left behind in mine waste dumps and
sbus are being cleaned up through EPA’s Superfund program.
The middle of the photo above shows EPA’s recontouring and
capping work on the waste piles of the Gemini and Bullion
Beck mines. EPA has collected more than 4,200 soil samples
from residential and commercial properties in Eureka and :
cleaned up of 71 of the town’s most contaminated residential
yards. in addition, lower-risk yards have been systematically
cleaned up from west to east across town. EPA and its
partners have conducted extensive education efforts to reduce
lead exposure and blood-lead levels are now decreasing
among local children.
-------
Many of these have been fully cleaned up, others are approaching
cleanup completion, and still more are being identified and work
is just beginning. In 2004, EPA continued to make progress
eliminating the risks associated with these sites.
Cleaning up soils in Northeast Denver neighborhoods
In northeast Denver, EPA is helping residential neighborhoods
address the legacy of past mineral-processing activities. Once a
major smelting center where gold, silver, copper, lead, zinc and
other metals were extracted from ore, today the area is
predominately populated with low-income residents. In the 1990s,
soil samples taken at residential properties near the historic
location of the Omaha and Grant smelter revealed high levels of
lead and arsenic. EPA added the area, called Vasquez
Boulevard/Interstate-70, to the National Priorities List as a
Superfund site in 1999.
Since then, EPA has made steady progress removing arsenic
and lead contaminated soils from residential properties in the
VB/l-70 area. As of 2004, EPA has cleaned soils at more than 450
properties, with 300 more scheduled for 2005. EPA is also
conducting additional environmental investigations at former
smelter sites in the area. The cornerstone of EPAs success at the
site has been outreach with local communities to develop and
execute the residential cleanup plan. An EPA-funded Community
Health program is also helping raise awareness about how
residents can protect children from lead and arsenic hazards.
Recovering from asbestos contamination in Libby, Montana
In the small town of Libby, in the mountainous northwest
corner of Montana, EPA is helping residents recover from serious
and widespread asbestos contamination. From 1920 to 1990,
vermiculite ore mined near Libby provided the town with its
primary economic base. This vermiculite was used for a variety of
products. In Libby, it was ubiquitous. Vermiculite entered houses
as dust on the clothes of miners, blew from processing areas into
residential yards, and was used as home insulation, construction
fill and landscaping material for local projects.
In the late 1990s, in response to reports of hundreds of cases
of asbestos-related death and disease including asbestosis, lung
cancer and mesothelioma, EPA investigated and discovered that
Libby’s vermiculite deposit was commingled with a dangerous
form of asbestos.
Since then, EPA and numerous federal, state and local
partners have made steady advances removing asbestos
contamination and addressing human health concerns.
As of 2004, EPA has collected and analyzed air, dust and
soil samples from more than 3,500 properties in Libby
and cleaned up a total of 348 residential and commercial
properties. These cleanups require intensive work that
often involves sealing off houses and removing
vermiculite containing asbestos from yards, attics and
home interiors. EPA has also removed asbestos from two
former vermiculite processing areas and from fill material
under the running tracks at the local middle and high
schools.
As part of the cleanup, EPA is focused on helping the
community recover economically by encouraging
contractors to hire local workers. During the peak 2003
field season, subcontractors had 125 full-time employees
on the payroll, 88 of whom were locals. EPA estimates
that more than $15 million in cleanup money has gone
directly into the Libby-area economy in the form of
salaries, benefits, per diem, housing, purchases, contracts
and rentals in 2003-2004.
It is estimated that EPA will spend upwards of $200
million to complete its work in Libby. Fortunately, EPA
has been successful in securing some relief from the
company responsible for much of the pollution. In 2003,
in the largest after-trial judgment in Superfund history,
the District Court of Montana ordered W.R. Grace & Co.
to pay nearly $55 million to reimburse the federal
government for past costs of investigation and cleanup.
Reaching major milestones at the Rocky Flats site
Beginning in 1952 and continuing for nearly 40 years,
the government manufactured nuclear weapons components from
plutonium, uranium, beryllium and stainless steel at the Rocky
Flats site northwest of Denver. While contributing to the nation’s
defense, these activities left a legacy of serious chemical and
radioactive pollution. By the late 1990s, leaking storage drums,
unlined disposal trenches, surface-water impoundments, leaky
pipelines and underground tanks, and two on-site landfills were
some of the daunting challenges that made Rocky Flats one of the
most dangerous waste sites in the nation.
Vermiculite ore contaminated with
asbestos from a mine near Libby
(above) is being removed from
inside and outside of homes and
buildings in Libby, Montana
(below).
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After decades of hard work by the
Department of Energy, the Colorado
Department of Public Health and Environment
and EPA, Rocky Flats is on its way to shedding
its radioactive past. In July of 2004, a
symbolic milestone was reached as workers
demolished Building 771. The building, once
dubbed “the most dangerous building in
America,” had a 50-year legacy of plutonium
leaks and spills. Another major milestone
occurred in September 2004 when workers
removed the last of the largest sources of soil
contamination. Known as the “903 Pad and
Lip Area,” cleanup of the near 40-acre parcel
included the removal and packaging of
97,800 tons of plutonium-contaminated soils.
With these projects complete, workers have
cleaned 75 percent of the buildings, soils and
groundwater at Rocky Flats, which is on
schedule to close by 2006.
Returning Superfund sites
to productive use
EPA’s Superfund program has made
emphasizing the reuse of contaminated
property a priority. Cleaning up contaminated areas for reuse can help reinvigorate
communities, preserve greenspace, protect natural systems and prevent sprawl.
Transforming a chemical weapons facility into a wildlife refuge
The Rocky Mountain Arsenal, located ten miles northeast of downtown Denver,
has seen its share of pollution. Once a major U.S. Army chemical weapons facility,
the Arsenal was leased to Shell Oil for herbicide and pesticide production
beginning in the 1950s. Collectively, these operations led to serious soil and
groundwater contamination. Contaminants of concern included substances
resulting from the past production of nerve agents, as well as aldrin, dieldrin,
dibromochloropropane and arsenic.
The Army and Shell have been working with EPA to clean up this damage since
1 987. Today, water treatment systems installed on-site treat 2.4 million gallons of
contaminated groundwater each day. As a result of progress, EPA deleted 5,000
acres of the Arsenal site from the Super-fund National Priorities List in January 2004,
an event that cleared the way for the U.S. Army to transfer the land to the U.S. Fish
and Wildlife Service for use as a National Wildlife Refuge. To date, EPA has deleted
nearly 6,000 of the 17,000 acres of the Arsenal from the NPL, the last step in the
Superfund process to remove areas from the
program that no longer pose a significant
threat to human health or the environment.
Cleanup of the remaining area is projected to
be complete by 2011.
The Arsenal has emerged as a national
model for restoring polluted property to
productive use. Tracts of land that were
once severely contaminated are now home
to more than 300 different species of
mammals, birds, amphibians, reptiles and
fish, and even more varieties of native
grasses, wildflowers and other plants.
In addition to the refuge, major
revitalization progress is occurring at the
Arsenal. In June 2004 Commerce City
purchased 917 acres of formerly
contaminated land for $4.7 million and
announced plans to develop a “Prairie
Gateway” complex, a $131 million
development that includes new municipal
offices and retail development including a
hotel, stores, restaurants and commercial
office space. The City and Kroenke Sports
Enterprises are also involved in a joint
venture to build a 2 O, 000 -seat soccer
stadium as the new home for the Colorado
Rapids. The group plans to build two soccer
practice fields, up to 20 youth fields and
600,000 square feet of new retail and
commercial space.
From healing land to healing people at
the Murray Smelter site
The Murray Smelter is another example of
a Superfund site where posting “Keep Out”
signs just wouldn’t suffice. The 142-acre site
was used for lead smelting and arsenic
refining operations from 1872 to 1949;
activities that polluted the soil, ground water
and surface water at the Site and the
surrounding area.
Cleanup Status
70
60
50
I
z
40
30
20
Deleted from NPL
• ConstructIon Complete
Work Ongoing
10
0
Year
Cleanup progress at Region 8 Superfund sites. “Deleted” indicates
sites that have completed cleanup and have been removed from the
National Priority List; “Construction Complete” sites have completed
cleanup or containment; and “Work Ongoing ‘ sites have not yet
completed cleanup or containment. While Region 8 continues to
identify and list new Super-fund sites, progress on existing sites
continues. ,As of the end of 2004, 12 sites have been deleted from the
NPL, 27 have construction complete and 21 have work ongoing.
Photo: Gary Meinke/ 0)0W
Eaglets at the Rocky
Mountain Arsenal. After
many years of intensive clean
up, the area now supports
many of its original habitants.
-------
Today, thanks to the vision of the Utah
Department of Environmental Quality, Murray City,
Asarco, EPA and local property and business owners,
the former Murray Smelter site is being transformed
from an underutilized industrial property into a
hospital and retail complex. The majority of the site
was purchased by Intermountain Health Care, which
has already begun construction of a world-class,
$362 million hospital campus scheduled to open in
2007. Part of the property is also being redeveloped
for retail use, including a Costco store that is open
for business. To accommodate increased use, the site
now features a Utah Transit Authority light rail station
with a 300-space parking lot. The economic impact
of this revitalization is expected to boost property
values throughout the community and lead to a wave
of new, complementary office and commercial
development.
Addressing solid and hazardous
waste issues
Hazardous waste comes in many shapes and
forms. Landfills, gas stations, petroleum facilities,
refineries, chemical production, metal finishing,
furniture manufacturing and mining are all examples
of activities that create hazardous waste. To prevent
pollution and make sure that operating facilities
treat, store, manage and dispose of hazardous waste
safely, Congress passed the Resource, Conservation
and Recovery Act in 1976. RCRA regulates all
hazardous waste from “cradle-to-grave” and requires
corrective action at operating sites where
contamination is a concern. RCRA also regulates and
provides resources for managing municipal garbage
and industrial waste.
Managing solid and hazardous waste in
Indian Country
Open dumps, orphaned waste sites, and leaking
chemical and gas tanks are common threats to
human health and the natural environment,
particularly in Indian Country. With the help of other
federal agencies, EPA ’s RCRA program is working
with tribes to reduce environmental risks at these
sites and return land to productive use.
On the Uintah and Ouray Indian Reservations in
Utah, for example, EPA and tribal partners recently
removed 37,000 cubic yards of hazardous waste.
The waste, mostly drilling fluids from oil exploration
and production activities, had been stored in
decaying tanks at the former Chapoose and
Navanick oil facilities. Potential releases from these
tanks could have seriously threatened surface and
groundwater.
Managing garbage is also a basic need for many
tribes, where unsanitary and hazardous open dumps
are common. EPA provides resources to help tribes
meet waste-management needs. Region 8, for
example, recently helped the Spirit Lake Nation in
North Dakota purchase a fleet of new garbage
collection trucks to haul waste to the sanitary landfill.
These trucks will greatly facilitate the collection and
recovery of solid waste and minimize unsanitary
dumping.
Finding solutions to complex contamination
problems
EPA’s RCRA program also provides technology
and expertise to address serious hazardous waste
issues. In Casper, Wyoming, the former
ChevronTexaco refinery site has been recognized as
a national success due to innovative site stabilization,
cleanup and partnership work.
The refinery, which contaminated local soils and
groundwater with petroleum and petroleum by-
products, has been closed and state-of-the-art
technology is being used to clean up the area.
Cleanup included removing 200 miles of subsurface
piping, thousands of tons of concrete and more than
100,000 cubic yards of petroleum-contaminated soils
and source materials.
Extensive steps have also been taken to address
significant groundwater and soil pollution.
Microwaves have been used to enhance the recovery
of hydrocarbon pollutants in the subsurface, an
Once a major Superfund site, the Murray Smelter area
will soon be home to the new Intermountain Health
Care hospital and a retail business district.
These decaying tanks, filled with hazardous waste from
oil production activities, illustrate the often basic
environmental problems that tribes face today.
EPA helps identify and fund innovative pollution-
control technologies at hazardous waste sites, such as
this 6,000-foot-long subsurface barrier wall along the
North Platte River in Wyoming. This wall keeps
contaminated groundwater from entering the river.
r - k JL
Land I 25
-------
approach that has only been used at a few
smaH sites around the country. In addition, a
state-of-the-art subsurface barrier wall was
installed to prevent the migration of
contaminants to the North Platte River.
Responding to emergencies
Protecting human health and the
environment requires the ability to respond
quickly to chemical and oil spills, extreme
weather and other emergencies. Since 1990,
EPA on-scene responders in Region 8 have
executed more than 600 time-critical
responses to these types of incidents,
including 34 in 2004. These responses
require extensive coordination and rapid
action to minimize potential impacts on
surface waters, drinking water and plants and
animals. A new, state-of-the-art Regional
Response Center in EPA’S Denver office has
been instrumental in shortening response
times and in improving coordination with
other response agencies.
The remnants of past mining activities
pose a special set of emergency response
problems in Region 8. In mountainous areas,
abandoned, metal and chemical-
contaminated waste piles, debris and soils
can create serious environmental hazards.
Approximately 25 percent of the Region’s
time-critical removals in 2004 were the result
of abandoned mines or smelters. One
incident in July occurred when heavy
rainstorms in the Clear Creek watershed west
of Denver severely undercut the base of
tailings piles laden with toxic metals including
lead, cadmium and copper. EPA executed an
immediate response and stabilized the
tailings, preventing a large amount of
pollutants from entering the river. Since the
emergency, EPA has been working with other
agencies to permanently divert runoff water
around the tailings piles at the site.
In November 2004, EPA responded to the
release of 5,000 gallons of diesel fuel from an
overturned tanker truck on Loveland Pass in
Colorado. Within hours of the accident, the
Colorado Highway Patrols Hazmat Team was
removing the tanker and an EPA on-scene
coordinator was directing emergency clean up
of the spilled fuel. Following the emergency
response, EPA ordered CHS Trucking of Inver
Grove Heights, Minnesota, to build catchmer,t
ponds to prevent any remaining fuel oil from
reaching the north fork of the Snake River. The
order also required that the company drill four
ground-water monitoring wells to determine if
the fuel seeped into ground water.
Old pipelines and underground storage
tanks are also common sources of incidents.
During 2004, nearly half of Region 8’s
emergency oil responses were related to
leaking pipelines or underground storage
tanks. On July 19, 2004, EPA received a
report that an oil release from the Woods
Cross Oil Site near Salt Lake City had
occurred in a storm ditch that fed into the
Jordan River. EPA immediately responded
and assisted in containing the release before
it reached the river. Because of this response,
nearly 7,000 gallons of crude oil were safely
drained from an abandoned pipeline and
more than 25 cubic yards of grout were
pumped into the line — plugging 2,100 linear
feet.
Region 8 Corrective Action Program
100
Surpassing RCRA Corrective Action Goals in 2004
80
60
40
20
0
Percent of Sites with
Groundwater Releases Controlled
R8 • National Goal
Percent of Sites with
Human Exposures Controlled
I
EPA’s RCRA Corrective Action program eliminates
environmental risks at places where the mismanagement of
hazardous waste has led to serious contamination. In Region
8, EPA is working with state programs to address 55 high-
priority sites. Progress toward final cleanup is measured with
two indicators: “groundwater releases controlled” and
“human exposures controlled.”
Achieving these indicators means that steps to eliminate
and control pollution — such as cleaning up soils, treating
contaminated water, installing fences and barriers, and
monitoring soils and water — have been taken to ensure
that pollution does not threaten people and is no longer
migrating in groundwater.
During 2004, Region 8 achieved “human exposures
controlled” status at three sites and ‘groundwater releases
controlled” at three more, bringing the cumulative total to
human exposures controlled at 84 percent of sites and
groundwater releases controlled at 82 percent. These
surpass the national 2004 targets of 80 percent and 60
percent, respectively. The Region has already met the 2005
national goal for groundwater releases, and is well on its way
to the goal for human exposures controlled.
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Homeland Security
Homeland Security continues to be an EPA priority. On a national
scale, the Agency is developing an integrated national response
program to help responders and contractors effectively react to large
scale, multiple terror events or natural disasters. In Region 8, EPA is
improving response capabilities through training, exercises and
equipment purchases; the addition of a new Regional Response
Center and mobile command post; and ongoing communication and
coordination with federal, state and local agencies. EPA has also
developed a Response Support Corps, which consists of more than
100 Region 8 employees who volunteer to serve in a wide variety of
support functions in the event that our response system becomes
overloaded by large-scale events.
When it comes to Homeland Security, the ability to respond
quickly and coordinate with partners is essential. In 2004, Region 8
participated in various exercises designed to improve response
capabilities. In May, Region 8 staff participated in an exercise in
Colorado Springs that simulated the release of radiation from a dirty
bomb. This exercise tested EPA’s field response and Regional
Response Center capabilities and was the first time our mobile
command post was deployed. In June, EPA Regions 8, 9 and 10
tested our regional backup system to see how we would respond
and coordinate in the event of a “weapons of mass destruction”
attack on a drinking water system. EPA Region 8 also sent staff to
assist FEMA with efforts to help Floridians recover from Hurricane
Frances.
IUF’Lt IN AL lION
Successfully revitalizing polluted properties often
depends on people with the vision and will to take risks
and make something happen. Ben Magelsen, president of
Createrra, Inc. is just one of the many individuals who have
come together in Midvale, Utah, to turn a polluted area
into an asset. Magelsen is the master developer of Jordan
Village, a 264-acre mixed-use, walkable community,
located on the former Sharon Steel Superfund site —
a former smelting and metal refining site once polluted
with heavy metals.
Today, the site is benefiting from Magelsen’s vision of a
simple living environment for Utahns seeking balance in
often hectic and demanding lifestyles. “My vision was to
get back to basics to create a community that brings
together the best of old and new, the worker and the
neighbor, the pedestrian and the automobile, the
recreationalist and the birdwatcher,” says Magelsen.
Eventually, Jordan Village will be home to several marquee food establishments,
restaurants, grocery stores, small retail shops, offices, entertainment and recreational
centers, a church and a school. The area will integrate these uses in a design
reminiscent of traditional town communities. More than 2,000 residential units will
be built on the site from 2005 to 2012.
Like most walkable communities, Jordan Village’s design has an elegant
simplicity — higher density near the center, with less dense residential units radiating
out from the core. Offices, small retail, restaurants and other commercial properties
will be located along this corridor, intermixed with garden apartments, row houses
and some condominiums. According to JoAnn Seghinni, Mayor of Midvale City, the
Village offers an antidote to the sprawl that is becoming common in Utah’s growing
suburbs. “Jordan Village represents an opportunity to show other Utah towns and
cities that you can have quality-of-life communities that are commercially viable,”
she says.
EPA’s Rebecca Thomas, project manager at the site, sees the Village as an
example of EPA’s evolving ability to help communities restore land and water
resources. “EPA selected Jordan Village as one of only 10 projects nationwide for our
‘Return to Use Initiative’ because it represents how Superfund sites can once again
become centers of commerce and community vitality,” says Rebecca. Return to Use
is a new EPA initiative designed to promote the reuse of former Superfund sites.
The Jordan Village.
Residences within walking
distance of a grocery
store and coffee shop,
and a bike trail system
are key features of the
development.
e4? p
j
i .
#4
,l.
-------
Introduction
Environmental protection begins and ends with healthy communities — the places where we live
and work, where our kids go to school, where we swim and fish. The health of human communities
is also linked with the health of the communities of plants and animals — the ecosystems — that
surround us. EPA recognizes that one of the most effective ways to achieve our mission is to work to
strengthen communities and help make them sustainable.
Restoring polluted land and waters
Over the past decade, EPA has been finding ways to strengthen communities by cleaning up
pollution and helping them reuse and revitalize once-polluted land and water as productive assets.
This approach is a long way from the “fence and keep out” mentality that characterized earlier
approaches to pollution. By providing money and technical expertise for assessments and cleanups,
and alleviating liability concerns that have been an obstacle to redevelopment in the past, Region 8
has been a big part of some reuse successes.
EPA’s Brownfields program strengthens communities by providing resources to assess, safely
clean up, and reuse polluted or potentially polluted properties. In 2004, Region 8 provided nearly
$2.4 million to achieve cleanup goals and jump start redevelopment efforts at sites in more than a
dozen communities in our states and tribes. This is in addition to nearly $8 million EPA provided
states and tribes to build capacity and clean up sites through their own Brownfields programs.
Lakewood, Colorado: Replacing an eyesore with a new downtown
The Belmar project is built on what was formerly the Villa Italia Mall — once one of the largest in
the Western United States. Like many other regional malls around the country, Villa Italia declined in
V
Photo: Bruce Wendt
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the 1 990s and was 90 percent vacant, a tax revenue
loss for the city, and a highly visible eyesore by the
end of the decade. In 1999, the City set up a
Redevelopment Authority and, with extensive
community involvement, decided that Lakewood
needed a place that the community could call
downtown.
Before redevelopment could take place, the City
had to address environmental problems at the mall
site, especially from former dry cleaning and
automotive operations. Issues included soil and
groundwater contamination from volatile organic
compounds (primarily perchloroethylene,
trichioroethylene and vinyl chlorides) and petroleum
hydrocarbons. With the help of EPA grants and
loans totaling nearly $2 million, the City, developer,
and contractors assessed the site and cleaned up
soils and groundwater under a Voluntary Cleanup
Plan approved by the Colorado Department of
Public Health and Environment.
Today, the Belmar Urban Center is thriving. The
103-acre mixed-use “urban town center” includes
eight city blocks with 127 residential units, 200,000
square feet of office space, 650,000 square feet of
retail space, a new 16-screen cinema, a two-acre
park with a public plaza and numerous art galleries
and studios. Bolstered by this success, the City is
planning a second phase of development that will
include 14 additional city blocks, 1,173 residential
units, 600,000 square feet of office space, 450,000
additional square feet of retail space 1 and a 250
room full-service hotel.
Sioux Falls, South Dakota: Restoring the
connection between a city and its namesake
Since 1997, the City of Sioux Falls has received
help from EPA to address pollution and redevelop a
former industrial area that lies adjacent to the
impressive falls that are the city’s namesake. This
ambitious project, “Phillips to the Falls,” is
transforming a once depressed area into an
accessible commercial district, green space and
parks.
In total, EPA has awarded $400,000 for
assessment, planning and outreach support and
$200,000 for the cleanup of the 26-acre riverfront
site formerly used for scrap-metal salvaging, lead-
acid-battery storage and railroad operations. These
grants built on other EPA support for technical
assistance to identify pollution hot spots
contaminated with heavy metals, chlorinated organic
chemicals and fuel from old storage tanks.
Throughout 2004, the City used EPA grants to
assess, remove, treat and dispose of contaminated
materials, and to add clean fill and cap portions of
the site. This cleanup restored an important
connection between downtown Sioux Falls and the
river by expanding Falls Park into northern
downtown and extending Phillips Avenue across the
Brownfield site. In October, EPA helped celebrate
_tT,,
Be/mar redevelopment project, Lakewood, Colorado.
EPA helped state and local partners clean up pollution
on the site of an abandoned shopping mall, paving the
way for redevelopment of residences and retail and
service businesses. Nearly 14,000 jobs will be
generated by the project.
/ I ,.
q
a
the completion of this work with a ribbon-cutting
ceremony that declared the former industrial site
ready for reuse. “When I was elected mayor, during
one of the first meetings we talked about the
priority of getting Phillips to the Falls finished,” said
Sioux Falls Mayor Dave Munson at the ceremony.
“This has been a collective effort by a lot of
people.. .and today is the beginning of a
transformation of this part of the downtown area of
Sioux Falls.”
“Phillips to the Falls” is already bringing a
renewed vibrancy to downtown. Falls Center, a
historic warehouse redevelopment that brought a
Sioux Falls with Falls Park in the foreground (above).
The final phase of cleanup activities (below), will
reconnect the city’s business district and riverfront.
Communities 29
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microbrewery, comedy club and architectural and legal
offices a few years in advance of the cleanup, is now
being joined by other new businesses. Investors are
showing interest in major new private developments that
will bring even more economic opportunities.
Creede, Colorado: Breathing new life into the
Willow Creek Watershed
Reuse isn’t just for urban areas. Region 8 has
emerged as a leader in using cleanup and reuse
approaches to help communities in rural areas,
particularly those affected by the legacy of past mining
activities. In Region 8, pollution from abandoned mine
sites is a common problem, with acid runoff and heavy
metals from literally thousands of sites affecting soils and
lakes, rivers, streams, wetlands and groundwater across
the Rocky Mountains.
In Colorado, EPA’s work in the Willow Creek
Watershed is helping people in Creede (population
2,000) revive their community and local economy by
cleaning up mine waste, improving water quality and
establishing a world-class trout fishery. Willow Creek, a
tributary of the Rio Grande River, has 11 major former
mining sites and is polluted with zinc, lead, cadmium and
other heavy metals.
EPA, the State of Colorado, the City of Creede, and a
group of local interests called the Willow Creek
Reclamation Committee are working on a community-
based effort to clean up old mine waste sites and
improve water quality and habitat. Much of this work has
included consolidating and capping tailings piles to
reduce the leaching of heavy metals into waters. EPA has
helped conduct extensive studies in the area, including
several characterization reports on groundwater and
surface water sampling, mine dump sampling, bio-
sampling, underground investigations and an ecological
assessment of the watershed. EPA is also helping clean
up a former airport property in town with contaminated
soils. Plans are now underway to redevelop the property
into the Mineral County Fairgrounds.
The next big step in cleaning up Willow Creek is
finding a way to address the Nelson Mine Waste Tunnel.
EPA and partners have completed a characterization of
the tunnel — which discharges approximately 70 to 80
percent of the zinc load delivered to the Rio Grande via
Willow Creek. Reducing this pollution load is critical to
restoring Willow Creek’s aquatic and riparian habitat. EPA
is helping the City assess alternatives, including the
potential use of the Creek to generate thermal or
hydropower to offset cleanup costs, as well as
underground source control methods that may improve
water quality coming out of the tunnel.
Protecting sensitive populations
Migrant farmworkers
There are approximately 45,000 migrant farm workers
in Colorado — one of most vulnerable populations in
Region 8. For nearly all of these workers, access to
health care is poor and working conditions can be
hazardous. In addition, workers and their families often
lack safe drinking water, bathing or laundry facilities and
adequate sanitation.
Region 8 focuses on key environmental issues in the
migrant worker community, especially drinking water and
pesticides. Our Environmental Justice program, which
protects vulnerable communities from bearing unfair
environmental risks, has led many of these efforts.
Ensuring safe drinking water in migrant communities
can be a challenge. Since the Safe Drinking Water Act
does not apply to many of the rural wells that migrant
workers use, EPA uses voluntary approaches to identify
and address problems. Over the past few summers, EPA
has tested the water at four labor camps in Colorado,
and discovered that some of the well water exceeded the
health-based standard for nitrate. The groups most at risk
from high nitrate levels are infants and babies carried by
expectant mothers. High nitrate levels interfere with the
ability of infants to metabolize oxygen and can lead to
the fatal “blue baby” syndrome. EPA is raising awareness
of this problem and working on potential solutions, such
as installing point-of-service filtration systems on wells,
with the Colorado Department of Public Health and
Environment, the U.S. Department of Labor, Colorado
growers and others.
Hazardous materials training at the Turtle
Mountain reservation. An EPA Brown fields
Job Training Grant has enabled 53 Chippewa
Tribe members to develop environmental
skills and address issues on the Reservation.
30 Communities
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• - - - - -.• - ‘A
‘ ‘kZ R ‘
Willow Creek Mining District near Creede,
Colorado. Hard rock mining produces large
quantities of waste rock, tailings and other
by-products. With exposure to air and water,
the sulfide-rich waste oxidizes, releasing acid
and metals into the environment. EPA is
working with partners to find innovative ways
to clean up these areas and revive mountain
towns and waters.
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Through outreach to growers and workers, Region 8 has also
focused on increasing compliance with the Worker Protection
Standard established under the Federal Insecticide, Fungicide and
Rodenticide Act. This standard sets requirements for the safe
handling of pesticides and the education of growers, pesticide
applicators and farm workers. They include measures that require
growers to notify workers about the specific pesticides being used
each day, mandate the use of special equipment such as gloves
and other protective gear, and require mandatory time-out-of-field
periods following applications of certain types of pesticides.
Although the Worker Protection Standard has been in place for
10 years, EPA continues to see a high rate of noncompliance.
Region 8 inspections in Colorado during 2004 revealed 43
percent of growers inspected were not complying with the WPS.
All growers found to be in violation of the WPS requirements were
issued a Notice of Warning and are being reinspected to ensure
that violations are corrected. Failure to correct the problems can
result in penalties. Securing higher compliance rates with these
important regulations will continue to be a Region 8 priority.
Partnering to end childhood lead poisoning
Region 8 is collaborating with states to eliminate childhood
lead poisoning. Lead poisoning can come from many sources —
everything from household paint and dust and corroded water
pipes in older homes to localized industrial sources. Lead is a
dangerous neurotoxin and can lead to serious developmental and
other health problems, especially in children.
In Colorado, more than two percent of children tested have
blood-lead levels exceeding the level of concern of 10
micrograms per deciliter. EPA is participating in the Colorado
Lead Coalition, which is comprised of agencies with various skills
and authorities related to housing, medical treatment, regulatory
enforcement, industrial pollution sources and public education.
The Coalition is developing an ambitious plan to end childhood
lead poisoning by eliminating sources of lead exposure and
increasing medical screenings and follow up treatment.
Healthcare providers, county health departments, home
inspectors, educators, child care providers, remodeling
contractors and community groups are working on the plan, which
will be subrnifted to the Centers for Disease Control in the fall of
2005.
Another Region 8 partnership is focusing on lead poisoning
prevention in North Dakota with the State Health Department and
various tribes. Here, EPA is mapping high-risk
areas and providing information on lead
disclosure regulations and educational material to
raise awareness of lead risks. The age of housing
is the biggest risk factor in lead poisoning. More
than 70 percent of housing in North Dakota was
built prior to 1978, the year that regulations
eliminated the use of lead-based paint, a major
source of childhood lead poisoning. Studies in
the state have determined that the prevalence of
high blood lead levels (exceeding 10 micrograms
per deciliter) is 8.6 percent for homes built pre-
1940, 4.6 percent for homes built from 1940-1969
and 1 .6 percent for homes built since 1970.
Protecting ecosystems
Region 8 is an ecologically rich canvas that
supports a variety of natural systems. Many EPA
programs focus on protecting and restoring
ecosystems, including direct support for community-based
watershed projects. The oversight activities, grants and technical
expertise that we provide go a long way towards protecting the
abundant natural heritage in our states, tribes and federal lands.
Making better decisions about federal projects
The National Environmental Policy Act requires federal
agencies to document and consider the environmental impacts of
government projects and to seek public input before they are
carried out. Under NEPA and associated legislation, EPA reviews
formal environmental assessments (EAs) and environmental impact
statements (EISs) to make sure that projects protect air, water,
human health and ecosystems from adverse impacts. These
documents assess the potential impacts of projects and, when
appropriate, identify alternatives or mitigation measures that
minimize those impacts. In 2004, Region 8 issued more than one
hundred formal letters on draft or final EAs or ElSs, including
projects that covered tribal and federal lands, energy
development, water development and transportation.
In Region 8, which is comprised of one-third federal land, the
NEPA mandate covers many activities — from water projects to oil
and gas leases and forest management. Region 8 is also home to
some rapidly growing areas where infrastructure improvements
such as highways, airports, water supply and treatment systems
EPA staff at “Migrant Appreciation Day” in
Greeley, Colorado. EPA shared information
on pesticides and drinking water with more
than 300 migrant workers and family
members at this event.
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Measuring the Health of Aquatic Ecosystems in Montana
Sound science provides the
foundation of EPA’s work. In Region
the Environmental Monitoring and
Assessment Program, a joint effort
between EPA, Region 8 states and the
U.S. Geological Survey, is taking a close
look at the condition of streams. While
EMAP will be completed in 2006, the
first few sampling seasons are already
providing results.
EMAP is providing valuable
information on our streams and the
aquatic ecosystems of plants, fish and
insects that rely on them. The more we
know about these ecosystems, and the
factors that stress and weaken them, the
more we can target our activities and
measure our progress towards protecting
R
Collecting fish samples in
EMIAP study area. This
program is developing
important information about
the health of waters across
Region 8 and how EPA can
best protect and restore
ecosystems.
are being developed to support more
people. Many of these projects fall
under the purview of N EPA.
When appropriate, the NEPA process
helps identify “preferred alternatives to
proposed projects that protect the
environment. In Montana, for example,
EPA’s review of EISs has improved
timber sales and logging practices, road
construction, noxious weed
management and other activities in
national forests. Because of N EPA, some
logging on sensitive land types has been
dropped, less damaging logging
methods are being employed and some
roads are being removed to protect
sensitive watersheds.
In the Kootenai National Forest,
NEPA has led to the increased use of
helicopter logging to reduce damage to
soils and water quality, improved the
protection of stream and river habitat,
improved road restoration projects and
led to better disclosure of air-quality
impacts from prescribed burning.
In the Bitterroot National Forest, the
Forest Service developed a preferred
alternative to noxious weed control
based on EPA’s recommendations to
reduce the risk of herbicide drift and
transport to surface waters. This
includes increased streamside buffers,
hand-pulling weeds near streams,
flagging aquatic areas on the ground,
spray nozzles that produce larger
droplets to reduce drift, use of
photodegradable dyes in herbicides to
improve their visual detection, use of
drift cards, wind monitoring, herbicide
monitoring and other measures.
Helping a forest and a river recover
from fire
EPA is also involved in the Upper
South Platte watershed, just southwest
of Denver. This special watershed
contains more than 1 .2 million acres of
public lands, is one of the most
biologically diverse areas in Colorado
and is home to a world-c’ass trout
fishery. The river also has a far more
basic significance — it supplies 75
percent of Colorado’s 4.5 million
residents with drinking water.
The Upper South Platte is also
threatened. A number of factors,
including population growth and
development, pose increasing threats to
water quality. But by far the most critical
8,
r
an
and restoring them.
Photo: USFS
Helicopter logging in Montana reduces
erosion and water pollution in a sensitive
area. EPA’s work with the Forest Service is
leading to management practices that
protect environmental resources.
Poor 24%
EMAP’s Northern Plains Stream Assessment is doing ground-
breaking work to develop biological indicators for prairie streams.
Here, a sample of 67 stream sites in Eastern Montana is being used to
estimate the health of all streams in the area. The streams are being
sampled for fish, insects, algae, chemistry and physical habitat
characteristics. Fish and insect indexes have been developed that
help categorize stream condition
in terms of “good,” “fair” and
“poor.” Sampled stream sites
are then compared to these
indexes to generate an overall
score. Since a large number of
the sampled sites are
probability-based and use
biological indicators, it is
possible to assess the condition
of the entire population of
streams in the area.
Fair 27%
Fish index scores show that 49
percent of stream lengths in the
Eastern Montana study area are in
good condition and 24 percent are
in poor condition.
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challenge today is fire recovery. The
watershed has been hit by extensive
wildfires over past summers, including
the devastating 2002 Hayman fire (at
137,000 acres, the largest fire in
Colorado history), which resulted in
massive erosion and large amounts of
sediment and pollutants such as
nitrates, phosphorous, and metals
washing into streams throughout the
area.
In September of 2003, EPA awarded
the Coalition for the Upper South
Platte, a Targeted Watershed Grant.
This grant provides $600,000 to
enhance fire recovery and restoration
efforts, protect streams and wetlands,
and promote organization building and
volunteer-based restoration and
cleanup efforts.
With EPA’s help, CUSP is making
great progress helping the watershed
recover from fire
devastation. In the
steep reaches of the
watershed, the loss of
trees (21 percent of the
ponderosa pine forest
was burned) and
undergrowth has left
hillsides barren and
erosion problems are
severe. Since the
Hayman fire, CUSP
has coordinated the
work of nearly 10,000
volunteers who have
spent 45,000 hours
working to build
straw-bale check
dams, install contour-
felled log structures, construct sand-
bag walls, and rake, seed and mulch
sensitive areas.
Another CUSP project, “Trees for
Trout,” is using burned trees from the
Hayman fire for stream restoration
efforts. In 2004, 158 trees, including
their root wads, were harvested from a
burn area and taken to various
locations for placement in-stream as
log vanes that trap sediment. This
project is improving in-stream habitat
for trout and their food sources.
As CUSP continues with projects to
help the watershed recover, Executive
Director Carol Ekarius, explains that
EPA’s support has been vital. “We have
managed to address some severe
erosion problems in critical areas over
the past two years,” she says. “We
would not be in the position we are in
today were it not for EPA.”
PEOPLE IN ACTION
Protecting the Environment on the Southern Ute Indian Reservation
The Southern Ute Indian Reservation
encompasses 1,100 square-miles of mountain
and plateau country in Southwest Colorado.
Here, the Southern Ute’s Environmental
Programs Division is dedicated to the health
and welfare of more than 1,000 tribe
members and their natural resources.
The Environmental Programs Division The Southern Ute
manages duties that include monitoring air Environmental Programs
for nitrogen oxides, carbon monoxide, ozone Division
and particulates and developing an air
permitting program for stationary sources. The EP Division also monitors
water quality at 24 sites on seven major rivers and 10 tributaries
throughout the reservation and is engaged in several water-quality
studies, including one to assess the impacts of the 2003 Missionary
Ridge fire. In 2004, the division’s nonpoint source program was given
an EPA award for work to reduce agriculture impacts on water quality in
the Los Pinos River. Other major achievements include a comprehensive
recycling program and outreach programs on issues such as pesticides,
children’s health and West Nile virus.
The Southern Ute Reservation is currently an energy production
hotspot, particularly for natural gas and coalbed methane. The tribe
owns and manages Red Willow Production Co., a profitable energy
business that has become a cornerstone of the reservation’s economy.
With help from the EP Division, the Southern Ute Tribe has become
a model for doing energy development the right way. EP staff work
closely with Red Willow to make sure that production practices protect
human health and the environment. The program also coordinates with
EPA on Underground Injection Control permits, Air permits, and spill
reporting to make sure that well sites, compressor stations and
transmission lines are operating in ways that maintain environmental
quality.
“While energy resources have contributed to a good quality of life
here, one of our biggest goals is to ensure that development recognizes
and protects our air, land and water resources,” says Virgil Frazier, the
division’s director.
Volunteers reseeding in the Hayman burn area. More than
400 acres have been reseeded to help the forest regenerate
and control erosion.
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Construction activities at a ___________ -. s
Wal-Mart site in Aurora,
Colorado. _____
In 2002, Region 8 conducted inspections
at Wal-Mart construction sites in ________
Colorado, Utah and South Dakota, and
identified a number of Clean Water Act
storm-water violations that became the .‘ .
foundation of a national case against 24 ‘
Wa/-Mart sites located in nine states. This .‘
landmark case was settled in 2004 with Wa/-Mart agreeing to . ‘f”?
pay the largest storm-water penalty ever — $3.1 million — and . ...
implement a compliance program estimated at $62 million to ______________________
prevent future violations. Because of these actions, EPA
protected surface waters in rivers, streams and lakes and
improved their use for fishing, drinking and recreation.
Storm-water requirements are designed to prevent the runoff of
dirt and other contaminants from construction projects from
polluting waterways. This runoff can carry high levels of
pollutants such as sediment, oil and grease, suspended solids,
nutrients and heavy metals. This problem is common in the
United States. It is estimated that urban storm-water runoff
contributes to 13 percent of the nation’s impaired rivers and
streams; 21 percent of impaired lakes; 55 percent of impaired
ocean shorelines; and 46 percent of impaired estuaries.
:•
______
Environmental laws and regulations designed to protect human health and the environment can
achieve their purpose only when companies, facilities and individuals comply with them. To secure
and maintain compliance by the maximum number of regulated entities, EPA works collaboratively
with partners to provide compliance assistance to promote understanding of environmental
regulations; offer incentives that encourage facilities to identify violations; monitor compliance
through inspections; and conduct civil and criminal enforcement actions to correct violations and
deter future noncompliance.
Providing Compliance Assistance to the regulated community
EPA’s first strategy in making sure environmental rules and regulations are obeyed is through
compliance assistance. Here, the goal is to raise awareness and provide outreach that helps
governments, large and small businesses and individuals comply with the law. In 2004, EPA Region 8
reached more than 12,000 regulated entities with education and assistance on how to comply with
various laws and regulations. This included more than 100 workshops, 1,000 compliance assistance
site visits and thousands of phone calls and interviews.
I’m-
Introduction
.
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Helping facilities comply with oil spill prevention regulations
One ongoing effort is Region 8’s work to improve compliance
with the Spill Prevention Control and Countermeasures regulation
of the Oil Pollution Act. SPCC regulations require facilities that
handle and store large volumes of oil and oil-based products to
develop management plans and install measures that prevent oil
from spilling and contaminating surface waters. The regulations,
which require secondary containment around large oil tanks and
containers, overfill protection, security measures for facilities and
employee training, apply to thousands of facilities in Region 8.
These include places like oil production and disposal facilities, oil
distributors, heating oil operations, farms, power generators,
construction companies, mining operations, automotive facilities
and other businesses.
SPCC rules are important — as little as a pint of oil can
contaminate an entire acre of surface water and even seemingly
small spills can have dramatic consequences. In 2003, for
example, a 100-gallon spill of diesel fuel into the Red River (from a
facility not in compliance with SPCC regulations) shut down the
drinking water intakes in Moorhead City, Minnesota, and Fargo,
North Dakota, for a day.
In the late 1990s, Region 8 became concerned about high
noncompliance rates and began to conduct workshops, targeted
outreach with industry groups and newspaper announcements
about the importance of SPCC regulations and what it takes to
comply. These efforts focused on geographic areas and were
followed by inspections.
Since 2001, EPA has conducted this strategy in all six of our
states and is seeing compliance rates improve. While initial
inspections revealed major violations at nearly 25 percent of
facilities inspected, that number has dropped to less than 10
percent in recent years. The reasons for this success are many.
Awareness of the SPCC regulations can vary greatly between
geographic areas, and over time Region 8 has become more
effective at getting the word out to state agencies, trade
associations and individual businesses. Region 8 has also
effectively used expedited settlements and reduced penalties to
get facilities with minor violations into compliance quickly. As
these rates improve, more and more oil is being safely managed,
reducing the potential for accidents to impact local waters.
2500
2000
1500
1000
500
0
EPA evaluates the regulated community to
determine compliance with laws, regulations,
permit conditions and settlement agreements and
whether threats to human health or the
environment exist. In 2004, Region 8 staff
conducted more than 2,100 inspections across 17
major environmental program areas, most related
to programs that EPA implements directly in states
and tribal lands. Nearly half of these inspections
were associated with the Underground Injection
Control and Public Water System Supervision
programs under the Safe Drinking Water Act.
Steel Mills in Pueblo,
Colorado, is a recent highlight. This case involved violations of
Clean Air Act rules that prevent facilities from increasing air
emissions and contributing to the deterioration of air quality
(Prevention of Significant Deterioration rules) and performance
standards for electric arc furnaces.
Between 1992 and 2002, RMSM made plant modifications and
operational changes to increase production capacity from 800,000
tons to 1,400,000 tons of steel per year. These changes led to
significant increases in emissions of nitrogen oxides, sulfur dioxide,
particulate matter (including lead) and carbon monoxide from the
plant. In addition, EPA documented hundreds of violations of
opacity limits (a measure of how thick smoke is) which indicated
problems with particulate matter controls.
EPA Region 8 Inspections
2001
Enforcing environmental laws
EPA also vigorously pursues those
who violate the law. Region 8 and our
state partners use inspections, civil and
criminal investigations, administrative
actions and civil and criminal judicial
enforcement to identify violators and
return them to compliance as quickly as
possible. These actions improve
environmental quality, assure a level
playing field for all regulated entities
and provide an important incentive for
compliance.
In 2004, Region 8 conducted more
than 2,100 inspections, issued 88
administrative compliance orders that
forced companies to take measures to
comply with the law, issued 99
administrative penalty orders for a total
of more than $2 million, and collected
more than $103 million in injunctive
relief that went towards remedying
environmental issues associated with
noncompliance.
Cutting air emissions by 50 percent
at Rocky Mountain Steel Mills
EPA’s settlement with Rocky Mountain
2002 2003 2004
Compliance 35
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Region 8 worked with the Department of Justice and the State
of Colorado to bring suit against RMSM in 2001. After two years
of negotiations, EPA and RMSM signed a consent decree in 2003
requiring the facility to acquire the necessary permits, invest $25
million to modernize its facility and pay a $450,000 penalty. The
largest investment is improving the mill’s electric arc furnace and
emission control equipment. In addition, the company is
spending more than $1 million to reduce nitrogen oxide emissions
from the mill’s reheat furnaces. RMSM’s use of “ultra low-NOx”
burners will establish a new standard for steel-making facilities.
In upcoming years, the settlement will cut air pollution from
the mill in half. Expected annual reductions of particulate matter
emissions will be about 100 tons, including 800 pounds of lead.
In addition, 750 tons of carbon monoxide, 200 tons of sulfur
dioxide and 130 tons of nitrogen oxide emissions will be
eliminated annually. These pollutants contribute to respiratory
disorders and reduced lung capacity, and many can adversely
affect the heart, brain and nervous system. They also damage
ecosystems and reduce visibility.
As part of the settlement, RMSM is also spending
$435,000 on environmental health projects in the local
community. Four of these projects focus on education,
improved medical care and case management for
people with asthma. A fifth is providing lead-hazard
education and lead remediation in low-income
neighborhoods.
Providing safe drinking water on the Fort Peck
Indian Reservation
The East Poplar Oil Field is located on the Fort Peck
Indian Reservation, home to the Assiniboine and Sioux
Tribes in northeastern Montana. The field, active since
1952, covers approximately 50 square miles.
Throughout the field’s history, numerous companies
have owned and operated 115 wells and about 45
production wells and four waste brine disposal wells
remain active today. Oil wells typically produce large
volumes of highly saline wastewater along with
byproducts such as benzene. This wastewater is often
disposed of on the surface or re-injected into the
subsurface.
While productive, the East Poplar field is as a classic
example of what can happen when oil development occurs near a
drinking-water source. The East Poplar oil deposit lies directly
below a shallow aquifer that serves as the sole source of drinking
water for the area, including portions of the 6,000 residents of the
Fort Peck Reservation as well as the City of Poplar, where an
estimated 3,500 people use the Public Water Supply System and
20 home sites use private wells.
After years of drilling, residents began to make a connection
between the murky water that stained their tubs and basins and
the East Poplar field. In 1997 the U.S. Geological Survey
conducted a study and identified contamination to cover at least
12 square miles, affecting an estimated nine to 60 billion gallons
of aquifer water. The contamination includes total dissolved solids
(salt) concentrations as high as 91,100 mg/I (180 times EPA’s
secondary drinking water standards) and benzene concentrations
as high as 0.078 mg/I (15 times primary drinking water standards).
In 1999, EPA issued an Emergency Administrative Order under
the Safe Drinking Water Act against six current and previous oil
companies, requiring delivery of bottled drinking water to 20
home sites. EPA also issued three subsequent orders to ensure
that the responsible companies would stop the on-going
contamination and provide affected residents with a long-term
drinking source.
In July 2004, EPA and the companies reached a final
agreement that achieved a long-term solution for the Fort Peck
Reservation and the City of Poplar, securing a safe drinking-water
source for those affected by the contamination. Under the
agreement, the oil companies agreed to construct a drinking
water pipeline to supply 15 contaminated home sites, monitor
water at five homes and 11 monitoring wells and hold a public
meeting to address community issues. The construction of a
drinking water pipeline will cost approximately $1 .2 million and
the total costs of the remaining compliance actions more than
$4 million.
Crime and punishment at a Montana phosphorous plant
EPA also pursues criminal cases against those who willingly
break the law. In August 1999, EPA and the State of Montana
began an investigation of suspected hazardous waste violations at
a phosphorous production plant in Silver Bow, Montana. Rhodia,
Inc., had produced phosphorous used for fertilizers, pesticides and
food-grade phosphoric acid at the plant since 1986.
L
Photo: Nathan Wiser
Charles Four Bear, member of the
/-kssiniboine and Sioux Tribes at Fort
Peck, Montana, holds a glass of
water from his tap.
j Comphance
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In May of 2000, a search warrant revealed large
amounts of improperly stored elemental
phosphorous, including a 400,000-gallon
underground tank leaking into nearby groundwater.
During the search, 50,000 documents were seized,
samples of waste streams were collected and a
video of phosphorous waste spontaneously igniting
was taken. Elemental phosphorous, which does not
occur in nature, is highly toxic and ignites when
exposed to air. Samples of the waste burned at
temperatures close to 1,000 degrees Fahrenheit and
emitted highly toxic concentrations of phosphine
gas.
During the investigation, Rhodia was
uncooperative and provided false statements and
information about the plants operation and in 2003
the Assistant U.S. Attorney General and the
Montana U.S. Attorney determined that the case
warranted criminal prosecution.
Facing an indictment on Resource Conservation
and Recovery Act violations and Clean Water Act
charges, Rhodia signed a plea agreement and a
corrective action order. Under this agreement, the
defendant pled guilty on January 14, 2004 to two
felony counts of illegal storage of hazardous wastes
and agreed to conduct facility-wide corrective action
and to pay a penalty of $18 million — the second
largest RCRA criminal penalty in the nation to date
and the largest criminal penalty in Montana history.
Rhodia also agreed to conduct facility-wide clean up,
an effort that could cost $70 million and will remove
tens of millions of pounds of hazardous
contamination that would otherwise have been left
behind by the company.
Making investments in communities
through Supplemental
Environmental Projects
EPA uses Supplemental Environmental Projects as
a way to secure investments in environmental quality
and human health as part of enforcement
settlements SEPs allow violators to support projects
that improve the local community. They can come in
all shapes and colors, from environmental education
and children’s health projects to developing
renewable energy resources. In 2004, the total value
of supplemental environmental projects in Region 8
exceeded $1.7 million.
A refinery makes good in Commerce City,
Colorado
In 2000, as part of a national refinery initiative
under the Clean Air Act, EPA contacted Conoco, Inc.
regarding violations at its refinery in Commerce City,
Colorado. In the spirit of cooperation, Conoco
quickly resolved the allegations by agreeing to make
changes to the facility and paying penalties.
As part of a settlement signed in 2002, Conoco
agreed to SEPs at the refinery and the local
community totaling more than $2 million. After
reviewing more than 40 proposed community
projects, the State of Colorado and EPA approved a
proposal that Conoco invest more than $500,000 of
the SEP amount on 20 environmental projects in the
Denver and Commerce City area. This money is
going to a variety of nonprofit groups to deliver
environmental education, health and pollution
prevention programs.
In 2003, Suncor purchased the Commerce City
refinery and agreed to complete these SEPs. Today,
the company is sponsoring an impressive host of
community-based programs that are improving
human health and the environment. These include
home energy efficiency improvement projects; lead
inspection and abatement activities in at-risk homes;
asthma education programs; retrofits in diesel trucks
and school buses to reduce vehicle emissions; trails,
parks and open space development; air quality
analysis in targeted neighborhoods; science
curriculum development in a local school district;
environmental education projects and field trip
programs; school and community recycling
programs; and water conservation programs.
According to Constance Walker, Suncor’s
Director of Environment and Regulatory Affairs,
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Photo courtesy: The Breathe Better Foundation of L.lorado Allergy and Asthma Centers, P.C.
The Breathe Better Bus, Denver, Colorado. One
example of a Supplemental Environmental Project in
action, this 40-foot natural gas-powered bus is a
mobile educational center that visits schools, health
clinics, community events and corporate health fairs.
Sponsored by the Breathe Better Foundation and
supported in part by a Suncor SEP, the bus has six
interactive learning stations that focus on the
importance of lung health and asthma. The bus has
visited more than 20,000 children and 3,000 adults.
Another Suncor Supplemental Environmental Project,
the Groundwork Denver project. This program works
with community groups and Denver Urban Gardens to
turn neglected lots into gardens.
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PEOPLE IN ACTION
People in Action: Xanterra’s Chris Lane
As the nation’s largest park and resort management company, Xanterra Parks &
Resorts serves more than 17 million guests annually at lodges, restaurants and retail
operations at nine national parks, eight state parks and two privately owned
resorts.
Many of Xanterras properties, including facilities at Bryce Canyon, Mt.
Rushmore, Grand Canyon and Zion National Parks in Region 8, are enrolled in
EPA’s Performance Track, a program where members meet rigorous criteria for
energy and water efficiency, recycling, pollution prevention and other measures
that go far beyond compliance with regulatory requirements.
One of the faces behind Xanterra’s success is Chris Lane, Director of Senior
Environmental Affairs. Chris explains that the company is committed to being an
environmental leader. “While corporations affect our environment,” Lane says,
also have the ability to repair and improve it. More and more, successful
businesses will need to integrate economic, ecologic and human systems. Xanterra
has found that treading softly in the places where we operate can save us money
and enhance the quality of the service we provide.”
All of Xanterra’s facilities have environmental management systems that focus
on reducing resource use and pollution. These EMSs are ISO 14001-certified,
meaning they meet rigorous standards that ensure continual improvement and
regulatory compliance. Many of the company’s lodges, for example, have switched
heating systems from oil to propane, a step that has increased efficiency by 23
percent and reduced carbon monoxide emissions by 80 times. Transportation is
another example. Xanterra’s fleet includes six hybrid electric vehicles, four dual-fuel
propane shuttles, 52 electric vehicles, 79 four-stroke snowmobiles and many more
vehicles running on a 20 percent blend of biodiesel. Xanterra also uses pollution-
prevention practices to maintain these vehicles, including using non-hazardous
solvents for parts cleaning, recycling used oil, capping old tires, and recycling
antifreeze, spent paint solvents, car batteries, oil filters and scrap metal.
The company also has exceptional water-use and waste-reduction programs
such as water-efficient landscaping, fixtures and linen reuse programs. To save
water at arid Zion National Park, the company recently improved landscaping and
irrigation practices, saving more than nine million gallons of water in one season.
The company has set rigorous long-term goals in its 2015 Environmental Vision,
including a 30 percent reduction in greenhouse gas emissions, an internal
Corporate Average Fuel Economy standard of 35 mpg, a 50 percent waste
diversion rate and a seven percent renewable energy usage rate.
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these diverse projects offer the company a
way to interact with and invest in the
community. “Suncor believes in investing
in the communities in which it operates,
particularly projects focused on education,
health and the environment,” she said.
“Fulfilling the SEP obligations is just one of
several ways we have supported the
community financially and through
environ mental improvements. The projects
are an ideal way for Suncor to start to build
relationships.’
Recognizing exemplary
environmental performance
Not all companies need the law as an
incentive to improve environmental
performance. Many make finding new ways
to prevent pollution and minimize the
impacts of their activities a central part of
the way they do business. These
companies set a standard for others to
emulate. Region 8 assists and recognizes
those regulated entities that go beyond
compliance.
Brewing up green in Fort Collins,
Colorado
This summer, EPA recognized the New
Belgium Brewery with an Achievement
Award for its exemplary commitment to
environmental stewardship. The
company’s long history of excellence
includes continuously analyzing and
refitting operations to minimize resource
consumption and maximize energy
efficiency and recycling.
By far the most environmentally
progressive feature at New Belgium is the
recently completed Process Water
Treatment Plant. This multimillion dollar
investment captures biogas from
Chris Lane
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The Bryce Canyon Lodge, one
of Xanterra’s Performance Track
facilities. The Lodge has
committed to reducing energy
usage from 1985 levels by 30
percent by 2005 and
greenhouse gas emissions from
1990 levels by 30 percent by
2010.
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wastewater and uses it to generate electricity
for the brewery. The plant generates and
harnesses enough methane to run a co-
generator for an average of five hours per
day, meeting about 10 percent of the
brewery’s overall power demand.
The plant also treats the brewery’s
wastewater to a level cleaner than required;
recaptures water for reuse in brewery
processes; and uses only gravity to move
water through its treatment ponds. Over
time, the plant will pay for itself with the
savings from these measures.
New Belgium’s status as an
environmental role model doesn’t end there.
The brewery was the first in the United
States to use 100 percent wind-generated
power and employs extensive reuse and
recycling programs at its production facility
and offices. For example, brewing by-
products such as grain and slurry are stored
and sold as cattle feed instead of disposed
as waste. The brewery also uses biodiesel
fuel in local delivery trucks and is currently
the nation’s largest private, non-textile
consumer of organic cotton.
Region 8’s enforcement and compliance activities yield
substantial environmental results. In fact, more than $9 out of
every $10 collected through Region 8 enforcement actions goes
to fund activities that provide a direct environmental benefit. In
2004 alone, Region 8 secured more than $106 million in
injunctive relief and supplemental environmental projects.
Collectively, these actions led to the following results:
• 1 .25 million people protected through Public Water
Supply compliance and enforcement efforts
• 70 acres of wetlands protected by restoration and/or
removal of fill material
• 172,000 cubic yards of soil contaminants reduced and/or
removed — enough soil to fill a football field to a height
of nearly 100 feet!
• 941,000 gallons of groundwater treated to meet
environmental standards
• 2,500 tons/year of air-pollutant releases prevented from
affecting sensitive populations
• 3.5 million gallons of fuels managed in a way that
prevents their release to the waters of the United States,
and 90,000 gallons of releases subject to the Oil
Pollution Act cleaned up
Adding up the environmental benefits of
enforcement and compliance activities
Region 8 Administrator Robbie Roberts
presents New Belgium cofounder, Kim
Jordan, with an EPA Environmental
Achievement Award. New Belgium is the
third largest brewery in Colorado and 12th
largest in the nation.
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• 179,000 pounds of water pollution prevented from
reaching waters as part of the Concentrated Animal
Feedlot Operations program
• 9 million pounds of sediment prevented from reaching
surface waters as part of the Storm Water program
1,000 farm workers protected as a result of Worker
Protection Standard actions
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