OFFICE OF REGULATORY ENFORCEMENT
An Organizational Overview
Prepared by:

&EPA
Office of Regulatory Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
November 1994
EPA300-K-94-001
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OFFIcE OF REGULATORY ENFORCEMENT—AN ORGANIZATIONAL OVERVIEW
FOREWORD
This document, Office of Regulatory Enforcement—An Organizational Overview, was
developed to describe the enforcement activities undertaken by the U.S. Environmental Protection
Agency’s (EPA) newly organized Office of Regulatory Enforcement (ORE). It provides a concise
summary of EPA’s regulatory enforcement accomplishments over the past year and provides a road
map for ORE’s efforts in Fiscal Year 1995 and beyond.
As ORE and its Divisions evolved, we realized it was important to develop a Mission
Statement to let us, and others, know exactly what we were trying to accomplish. That Mission
Statement is presented on page 3 of this document. It is our goal to hold fast to this Mission and,
through our enforcement programs, take every possible step to protect human health and the
environment in a firm and fair manner.
As mentioned, this document summarizes our accomplishments in FY 94. These
accomplishments are presented by Division and once again demonstrate our commitment to vigorous
enforcement of environmental laws and the training and development of the people responsible for
that enforcement.
This document also looks forward. It presents each Division’s goals and objectives for FY
95 and also outlines their priorities. Meeting our objectives and achieving our goals will ensure that
FY 95 is even more rewarding and beneficial than the outstanding year we had in FY 94.
Robert Van Heuvelen, Director
Office of Regulatory Enforcement
Office of Regulatory Enforcement
EPA

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OFFIcE OF REGULATORY ENFORCEMENT—AN ORGANIZATIONAL OVERVIEW
MISSION STATEMENT
The Office of Regulatory Enforcement enforces our environmental laws to
protect human health and the environment. We also provide National
environmental leadership to deter and correct noncompliance. We accomplish
our mission through the expertise and commitment of the people in our
organization.
In pursuing this mission we will:
Ensure enforcement consistency by developing National policies,
providing legal and technical support and overseeing Regional
enforcement programs.
Manage and develop National enforcement cases and enforcement
initiatives.
Ensure that regulations contain clear and enforceable provisions.
Develop strong enforcement provisions for the nation’s environmental
laws.
Promote multimedia enforcement, pollution prevention, and
environmental justice.
D Support and develop our diverse work force and foster job satisfaction.
Strengthen our enforcement partnerships with the EPA Regional offices,
other EPA offices, States, Territories, Tribes, the Department of Justice,
and other Federal agencies.
With our partners, develop timely, effective and, when appropriate, risk-
based enforcement programs.
Ei hance relationships with the public, including citizen groups,
international organizations, and foreign governments to use our
collective expertise in addressing mutual environmental concerns.
EPA

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OFFICE OF REGULATORY ENFoRCEMENT—AN ORGANIZATIONAL OVERVIEW
BACKGROUND
On June 8, 1994, EPA established a new Office of Enforcement and Compliaiice Assurance
(OECA) (see organizational chart on page 33 of this document). This new office represents
a consolidation of a number of functions formerly shared among several different programs
at EPA. This overview document introduces and describes the activities of the Office of
Regulatory Enforcement (ORE), one of several offices established within the new
organization.
As depicted in Figure 1, ORE is comprised of an Immediate Office of the Director and five
Divisions:
• Air Enforcement Division
• Water Enforcement Division
• RCRA Enforcement Division
• Multimedia Enforcement Division
o Toxics and Pesticides Enforcement Division.
The Immediate Office and the five Divisions have primary responsibility within OECA for
all regulatory enforcement programs and activities undertaken by the Agency. This
document presents information about each of the Divisions and discusses each Division’s
accomolishments in FY 94. In addition, it presents each Division’s goals and objectives and
priorities for FY 95.
&EPA
Figure 1. DivIsions of the Office of Regulatory Enforcement
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OFFICE OF REGULATORY ENFORCEMENr—AN ORGANIZATIONAL OVERVIEW
OFJ 1CE OF REGULATORY ENFORCEMENT
The Office of Regulatory Enforcement (ORE) is responsible to the Assistant
Administrator/OECA for developing, managing, and resolving civil judicial and
administrative enforcement actions; determining the appropriate enforcement responses to
violations of environmental laws and developing, jointly with the Office of Compliance, and
implementing enforcement case initiatives that support OECA priorities; tracking and
monitoring administrative and judicial cases through the use of dockets and other data bases;
reviewing citizen suits and assisting in the preparation of amicus and other briefs in support
of beneficial citizen suits and appeals; acting as liaison on enforcement issues with the
Regional offices, the Department of Justice, the Congress, the EPA program offices, and
other offices within OECA; providing technical assistance and recommendations on
legislative proposals; developing enforcement policy and guidance; reviewing Federal and
State regulations for enforceability and developing Federal enforcement regulations;
managing contracts for litigation support and investigations; providing legal and technical
support for judicial appeals; and arguing National appeals before the Environmental Appeals
Board. ORE is also responsible for providing support and review of enforcement actions
developed by the EPA Regions; developing and litigating National enforcement actions;
providing oversight of EPA Regional and State enforcement actions; and providing expert
counsel on civil enforcement within OECA and to other EPA offices, Congress, States, other
government agencies, and the public. On rulemiking issues, ORE will generally have the
lead for rules that determine jurisdiction, establish enforcement authorities, or prescribe rules
of practice or procedure.
The Office consists of four media specific enforcement divisions for Air, Water, RCRA,
and Pesticides and Toxics. A fifth Division—the Multimedia Enforcement
Division—provides a prominent multimedia enforcement capacity to ensure a whole facility,
ecosystem, and population-based approach to case initiation, support and resolution. ORE
and its enforcement divisions incorporate risk reduction, environmental equity and pollution
prevention techniques consistent with Agency priorities within its program management
responsibilities.
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OFFICE OF REGULATORY ENFORCEMENT—AN ORGANIZATIONAL OvEiwlEw
AIR ENFORCEMENT DiVISION
The Air Enforcement Division (AED) is
responsible for judicial and administrative
enforcement activities under the Clean Air Act
(CAA). AED serves as legal CAA
enforcement counsel and, as the focal point for
air enforcement issues, provides National
direction, leadership, and consistency in CAA
case work. AED develops National
enforcement policies, guidance, and outreach
activities; ensures enforceability of rules and
leads enforcement rulem2lrings; and provides
technical, scientific, and engineering
enforcement support. AED works dosely with
other divisions on multimedia cases, strategic
planning, applicability determinations, and
prioritization; and conducts activities
encouraging pollution prevention, innovative
technology, environmental auditing,
environmental justice, and enforcement
initiatives.
Through its Mobile Source Program, AED
directly enforces the motor vehicle fuels and
emissions rules nationwide. In addition,
through the Stationary Source Program, AED
serves as lead Agency counsel for cases
developed through Headquarters programs,
such as woodstoves, acid rain, and
stratospheric ozone protection.
• Participated in developing the policy
regarding the impact of the Asbestos
National Emissions Standard for
Hazardous Air Pollutants (NESHAP) on
demolition of urban houses.
Workgroup Partidpation
o Participated in the following workgroups:
- Risk Management Plan §112(r)
- Economic Incentive Program Final
Rule
- Maximum Achievable Control
Technology (MACT) standards (dry
cleaner, hazordous organic NESHAPs)
- Air Toxics § l12 (g), (I), and (j)
- New Source Review Reform and Parts
CandD
- Title 70, Federal Operating Permits
Program and Part 70
- Titles I, Ill, and V Program
Integration
- Title VI, Stratospheric Ozone Rule
§ 612, 608, 610, and 611
- Early Reductions Specialty Permits
Rule.
Support of Regional/State Programs
FY94 A
Sources
Stationary
AED separated its FY 94 stationary source
accomplishments into seven primary
categories.
Policy/Guidance Development
o Developed Acid Rain Compliance and
Enforcement Guidance and the §608
Penalty Policy.
• Supported States in various enforcement
activities and projects, including
California RECLAIM, California Air
Resources Board (CARB) potential to
emit, Titles UI and V. State
Implementation Plan (SIP) Improvement
Workgroup, and State Title V Operating
Permit program reviews.
o Reviewed Regional judicial referrals to
DOJ and Regional consent decrees.
o Coordinated National Continuous
Emissions Monitoring System workgroup
and Acid Rain enforcement workgroup.
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OFFICE OF REGULATORY ENFORCEMENT—AN ORGANIZATIONAL OVERVIEW
o Prepared/assisted with and alternative FY 94 AccompIi hnients: Mobile Source
monitoring method and applicability
determinations for New Source AED identified FY 94 accomplishments in six
Performance Standards subparts. areas.
National Case Development Reformulated Gasoline (RFG)
o Reviewed information in response to o Issued the Final Rule and question!
§114 requests. answer documents and conducted
significant public outreach activities.
o Developed two National enforcement
cases, issued two National Notices of o Drafted enforcement provisions for RFG
Violation (NOV), and referred two other foreign refinery baseline proposal.
National enforcement actions to DOJ.
o Reviewed petitions for waivers from
Administrative Case Development independent sampling and testing for in-
line blending operations and reviewed for
• Issued §114 information collection enforceability of waivers.
requests.
• Prepared sampling and analysis protocols
• Filed two cases and settled one under for independent laboratories for most
§604. gasoline produced or imported.
Support State Piogram Development! Diesel DesulfUrizatlon Enforcement
Tr
o Began implementation of the Diesel
• Supported numerous training and Desulfurization Rule (effective October
program development efforts, including: 1, 1993).
- Air Program Training Demonstration e Conducted and managed 2,500
at Rutgers University for more than compliance inspections and prosecuted
3,000 students first cases.
- CARB Air Compliance Training
Delivery Project with senior e Developed Diesel Penalty Policy.
trainers/grants in 25 states
- New York air lead multimedia o Conducted public outreach activities and
assistance project managed diesel supply crises.
- St. Louis/Missouri industry operating
permit training/outreach Volatility forc’ n it
- Texas agency-wide training needs
assessment, skills inventory, and o Conducted volatility inspections and
program assessment with air lead and achieved significant reduction in
multimedia applications noncompliance.
- New communication and coordination
efforts with STAPPA/ALAPCO and
State/local agency officials.
November 1994 10

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OFFicE OF REGULATORY ENFORCEMENT—AN ORGANIZATIONAL Ovgj vi w
Tampering F iforcement o Enforcement strategy on actions in
anticipation of Title V permitting and
• Resolved or filed several significant compliance certification
cases and conducted major investigations
and issued an NOV against manufacturer • Guidance on enhanced monitoring issues
of natural gas conversion kits. (direct enfor eabiity and credible
evidence)
Detergents Regulation
o Compliance/enforcement strategies for
• Developed enforcement provisions of the new MACT st2ndard
Detergents Rule.
o Guidance on enforcing Reasonable
Motor Vehlde Manufacturers Enforcement Achievement Control Technology
requirements.
• Took several major enforcement actions,
including voiding a certificate of Goal 3: Implement Field Citation Program.
conformity covering Ural motorcycles
originally manufactured in Russia and Objectives
won a Federal district court judgment
against Daniel Rosendahl. 1. Publish the final rule.
FY 95 Goals: Stationary Sources 2. Issue guidance.
Goal 1: Ensure enforceability of regulations. 3. Coordinate inspector training.
Objectives Goal 4: l, olement Citizen Aiiards Program.
1. Participate in the development of new Objectives
Federal CAA regulations.
1. Publish the final rule.
2. Review and approve State programs
submitted as substitutes for a Federal 2. Manage and distribute award funds.
regulation.
Goal 5: Implement Citizen Suit Rule.
(Joal 2: Develop policy/guidance.
Objectives
Objective:
1. Publish final rule.
1. Issue or revise the following:
2. Issue policy on U.S. intervention in CAA
• §610 Penalty Policy citizen suits and guidance on
penalty/settlements in CAA citizen suits.
o Title VI Enforcement Response Guidance
document Goal 6: Serve as clearinghouse for
administrative program expertise.
o CAA Penalty Policy
Objectives
o §112(r) General Duty Enforcement
Guidance 1. Track and analyze the use of authority.
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OFFICE OF REGULATORY ENFORCEMFNF—AN ORGANIZATIONAL OVERVIEW
2. Collect and analyze decisions. 6. Refine development projects.
3. Provide general guidance and participate on Goal 10: Support use/improvement of air data
the hearing procedures workgroup. systems.
Goal 7: Implement National Acid Rain Objective
enforcement program.
1. Work with OC to ensure Regional Office
Objectives concerns are addressed and that
requirements are consistent with needs.
1. Complete Memorandum of Understanding
with the Acid Rain Division. FY 95 Goals and Objectives: Mobile
Sources
2. Develop an Acid Rain enforcement
priorities plan. For FY 95, AED identified five goals and
objectives in its Mobile Sources Program.
3. Coordinate Acid Rain Enforcement
workgroup. Goal 1: Enforce RFG and antidwnping rules.
Goal 8: Serve as enforcement resource to the Objectives
Regions.
1. Prepare an RFG inspection/audit manual
Objectives and plan and conduct inspections and
audits.
1. Provide advice.
2. Develop an RFG Penalty Policy and
2. Process Administrative Penalty Order prosecute violations of standards and
waiver requests. requirements.
3. Participate in audits and review cases of Goal 2: Enforce diesel desulfurization and
National significance, volatility regulations.
Goal 9: Support State program development. Objectives
Objectives 1. Conduct inspections at all levels of the fuel
distribution system and audits, where
1. Participating in NESCAUM NO, Emissions appropriate, and prosecute violations.
Trading workgroup.
Goal 3: Enforce the anti-tampering
2. Improve SIP review process. prohibition consistent with the Agency
disinvestment decision.
3. Review State operating permit programs
and § 112(1) submktals. Objectives
4. Support State training programs. 1. Support the automotive repair industry and
manufacturers of emission control
5. Improve and support information exchange replacement parts.
with States.
November 1994 12

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OFFICE OF REGULATORY ENFORCEMFZiI’—AN ORGANIZATIONAL OVERVIEW
2. Review aftermarket converter warranty
cards as a cost efficient means to flu intkin
an enforcement presence.
3. Investigate significant tampering complaints
and issue NOVs, where appropriate.
4. Prepare and finalize a defeat device policy.
Goal 4: Enforce the detergents regulation.
Objectives
1. Conduct detergents inspections and
investigations in conjunction with other
fuels inspections.
2. Prepare and issue Detergents Penalty Policy
and enforcement portions of the ‘Phase II”
detergents regulation.
3. Prosecute violations.
Goal 5: Enforce regulations and CM against
manufacturers and importers of motor vehicles.
Objectives
1. Investigate (1) emissions warranty
complaints, (2) all possible violations of
vehicle certification requirements, and (3)
import violations.
2. Establish a more positive enforcement
oriented approach with Office of Air and
Radiation program offices that regulate
automobile manufacturers.
FY 95 PrioritIes
AED has identified the following areas as its
FY 95 priorities:
o Air Toxics
o Title V Permits
o Reformulated Gasoline
o Acid Rain
o Stratospheric Ozone Protection
o Human Resources.
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OFFICE OF REGULATORY ENFORCEMENr—AN ORGANIZATIONAL OVERVIEW
WATER ENFORCEMENT DIvIsION
The Water Enforcement Division (WED) is
responsible for the enforcement programs
under four statutes: the Clean Water Act
(CWA), the Safe Drinking Water Act
(SDWA), the Marine Protection, Research,
and Sanctuaries Act (MPRSA), and the Oil
Pollution Act (OPA). These four statutes
result in seven major programs:
o NPDES Program
o Pretreatment
o Sludge
• Wetlands
• Oil Pollution/Spills
o Public Water System Supervision
• Underground Injection Control
WED serves as the focal point for all
enforcement aspects of these programs. As
such, the Division provides National direction
and leadership in case selection, resolution,
and appeals; provides technical and legal
support to the development of enforcement
actions; and has the lead in the development of
certain Nationally significant cases. The
Division also reviews citizen enforcement
actions. In addition to case work, the WED
participates in regulatory development and
interpretation, develops National enforcement
policies, including settlement policies and
policies encouraging pollution prevention,
environmental justice, and innovative
enforcement programs.
The Division develops various enforcement
initiatives and participates in efforts to
reauthorize the various water statutes. It
works closely with the other OECA offices,
the Office of Water (OW), OGC, Regions and
States, and DOJ on water enforcement matters.
The Division represents OECA in general and
the interests of the water enforcement
programs to other Federal agencies and to
external groups.
FY94A
WED identified FY 94 accomphshrncnts in
five areas.
Major Polldes
WED developed or participated with OW or
other ORE divisions in the development of
several major policies, including:
• Combined Sewer Overflows (CSOs) -
Final policy issued and published in the
Federal Register in April 1994
o Stormwater Enforcement Strategy -
Phase I Stormwater Enforcement Policy
(the first stormwater policy issued by
EPA), issued in January 1994
o Penalty Policies - Included Public Water
System Supervision (PWSS) Penalty
Policy, issued in May 1994, and the
draft CWA Penalty Policy
o Underground Injection Control (UIC)
Class I SNC definition - Participating in
revision of existing definition
o Feedlot Guidance, issued in February
1994.
L gIsiotlon
• Participated in both CWA and SDWA
reauthorization efforts, including briefing
Congressional staff, participating in
negotiations on various provisions, and
reviewing and analyzing draft legislation.
Workgroup
WED participated in many agency and
interagency workgroups, including:
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OFFICE OF REGULATORY ENmRcE ENT—AN ORGANIZATIONAL OVERVIEW
o DOJIEPA Water Case Processing
Workgroup
• Interagency Wetlands Workgroups
o Sanitary Sewer Overflows Workgroup
o Regulatory Workgroups under the
Drinking Water Program (e.g.,
disinfection byproducts, lead and copper,
radionuclides), and the UIC program
(Class II and Class V regulations).
Cases/Enforcement Initiatives
• Settled 12 water cases each with
penalties of $500,000 or more. The case
against Honolulu was the largest, with a
penalty of $1.2 million.
• Two major cases had special settlement
features: the settlement of the Honolulu
case included the largest SEP (valued at
$30 million) ever obtained under the
CWA, and the Miami partial settlement
contained an agreement to replace the
conveyance pipe across Biscayne Bay.
o Filed a landmark drinking water case
(Merritt Mobile Manor) under the
emergency section (Section 1431) of the
SDWA, participated in the hearings for
the temporary restraining order and the
preliminary injunction, and assisted
Region 8 and DOS.
o Coordinated the filing of 26
administrative penalty cases and 2
judicial cases for discharges of oil and
other h rdous substances.
Regional Liaison
o Assisted Region 4 in developing a
judicial referral against a major public
utility and provided technical assistance
for several drinking water enforcement
actions.
FY 95 PrIorities
WED established the following major goals
and priorities for FY 1995.
o Develop an Enforcement Management
Strategy for the Wetlands Program.
o Enforce the Surface Water Treatment
Rule for drinking water supplies.
o Revise the definitions of Significant
Noncompliance (SNC) for the NPDES
and Pretreatment Programs.
o Pursue enforcement with respect to
streams with fish and health advisories,
especially where there are environmental
justice concerns.
o Complete and issue the new CWA
Penalty Policy.
o Address the decrease in the number of
Federal and State enforcement actions in
the water programs.
o Participate in reauthorization of the
CWA and the SDWA and help EPA
achieve its goals through changes in
regulations or policies.
o Track and support delegated cases and
participate in cases with nationally
significant issues.
o WED also plans to undertake the
following projects:
- Cross-Program Initiatives
— Participate in the Common Sense
Initiative, environmental justice,
and pollution prevention
— Develop a watershed initiative
— Promulgate Non-Administrative
Procedures Act Rules of Procedure
November 1994
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OFFICE OF REG JLATORY ENFORCEMENT—AN ORGANIZATIONAL Ov vww
- NPDES Industrial/Municipal
Enforcement
- Establish National mining initiative
— Provide guidance on treatment of
data below detection levels
— Ensure enforceability of
new/revised effluent guidelines and
other implementation regulations
— Participate in SSO policy
development
- Pretreatment Program
— Participate in several major
pretreatment trials and support
approximately 50 other
pretreatment cases
- Oil Pollution Program
— Revise spill notification
requirements to improve spill data
— Develop procedures with the U.S.
Coast Guard to facilitate sharing of
enforcement data with EPA
- Underground Injection Control
Program
— Complete SNC criteria for Class I
wells
-- Participate in regulation
development for Class II and Class
V wells
- PWSS Program
— Ensure enforceability of new
regulations
— Develop enforcement strategies and
SNC definitions for new
regulations
-- Participate in the development of
the enforcement component of the
new drinking water information
system
— Develop new model forms for
enforcement actions.
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OFflCE OF REGUlATORY ENFORCEMENt—AN ORGANIZATIONAL OVERVIEW
RCRA ENFORCEMENT DiVISION
The RCRA Enforcement Division (RED) is the
National program m’nager for the RCRA
regulatory enforcement program. The
Division provides National direction for
enforcement activities arising under the
regulatory program, including technical, legal,
and policy support on RCRA civil, judicial,
and administrative enforcement actions and on
the development of regulations and policies.
FY 94 Accomplishments
o Conducted SIP inspection training.
• Held a National hazardous waste
combustion Spector meeting.
o Reviewed and distributed the RCRA
Enforcement Awards.
o Operated and maintained REDboard, an
electronic bulletin board containing
information on RCRA enforcement.
For FY 94, RED cited accomplishments in
five areas.
Guidance
o Issued draft manual on the economic
benefit of noncompliance and developed
the Revised Waste Analysis Plan
Guidance and the Bottom-Line Penalty
Interim Draft Guidance.
Outreach /WorkGroups
• Led the enforcement component of the
draft waste minimization/combustion
strategy workgroup.
• Held two National meetings to develop
the RCRA Environmental Response
Policy.
• Conducted a Boiler and Industrial
Furnace (BIF) Workshop fOr the
Chemical Manufacturers Association.
o Participated in the Hazardous Waste
Identification Rule (I{WIR) Federal
Advisory Committee Act process
addressing implementation issues
associated with the proposed exit of
hazardous wastes from Subtitle C
regulation.
o Served on the interagency group to
implement the Antarctic Protocol on
Environmental Protection and assisted in
drafting the enforcement provisions in
the Administration’s bill.
o Co-chaired the workgroup on
incorporating waste ininhnintion in
RCRA permits, inspections, and
enforcement.
Enforcement Case DevelopIns it
o Developed and supported several
Regional enforcement cases, including
cases involving the Columbus Municipal
Waste Combustion Facility, Kodak,
Waste Technologies Inc. (WTI), Marine
Shale Processors, and Borden Chemicals
and Plastics, Inc.
o Coordinated a hazardous waste
combustion facility enforcement initiative
consisting of 23 enforcement actions and
including the first case to enforce the
BIB standards.
National Enforcement Policies
o Developed the implementation sirategy
for m’rnicipal waste combustion (MWC)
ash.
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OFFICE OF REGULATORY ENFORCEMENT—AN ORGANIZATIONAL OVERVIEW
o Worked with Office of Solid Waste and Goal 2: Develop and support Regional RCRA
Office of General Counsel (OGC) to enforcement cases.
develop response to the Hazardous Waste
Toxicity Characteristic Petition regarding Objectives
BIPs.
1. Identify “nationally significant issues” and
RCRA Regulations/Legislation ensure that cases are managed to achieve
positive rulings and results.
o Developed a list of regulatory
clarifications/revisions to the BIF Rule 2. Ensure that appropriate civil, judicial, and
administrative appeals are filed, briefed,
o Contributed to the development of the and argued successfully.
analytical blueprint for Phase 3 Land
Disposal Restrictions (LDR) Rule 3. Serve as lead counsel in specified Region-
initiated RCRA admini trative enforcement
o Assisted in the development of legislation actions.
implementing the Basel Convention on
the Control of Transboundary Movement Goal 3: Manage and develop National RCR t
of Hazardous Waste enforcement cases and initiatives.
FY 95 Goals and Objectives Objectives
RED identified eight goals with corresponding 1. Identify appropriate high priority targets for
objectives for FY 95. National enforcement initiatives to
maximize deterrence and environmental
Goal I: Develop and implement National benefits.
RCRA enforcement policies.
2. Identify appropriate opportunities for
Objectives National case development and
management.
1. Ensure that RCRA civil penalties reflect the
gravity of RCRA violations, deter Goal 4: Promote clear and enforceable RCRA
noncompliance, eliminate economic regulations.
incentives to violate the law, and are
consistent and well documented. Objectives
2. Develop a National enforcement strategy for 1. Participate in major RCRA ruleni king
MWC facilities to ensure protection of workgroups to ensure clear, enforceable,
human health and the environment, and protective regulations.
3. Promote timely, appropriate, and consistent 2. Enhance regulation writers’ understanding
enforcement responses to achieve of enforcement concerns in regulation
compliance, implementation.
4. Foster aggressive and innovative uses of Goal 5: Build partnerships for a strong
enforcement authorities to achieve enforcement infrastructure.
environmental protection.
November 1994

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OFFICE OF REG1JLATORY ENFORCEIIENT—AN ORGANIZATIONAL OVFIIVIEw
Objectives 0 Revise the implementation strategy for
MWC ash and the enforcement strategy
1. Provide National expertise, communicate for MWC policies.
with enforcement partners, and hold forums
to exchange ideas. 0 Develop a “shut-down” policy.
2. Strengthen the RCRA enforcement program o Revise the Enforcement Response Policy.
by educating those involved.
• Define “nationally significant issues”
Goal 6: Support and develop RED personnel through case redelegation process.
Co provide exceptional service to the Regions,
Statej, DOJI other EPA offices, and the o Investigate areas for National initiatives.
public.
Rub nkIng
Objectives
• Participate hi the following rulemakings:
1. Continue to educate and empower RED (1) revised technical regulations for
personnel to maximize their effectiveness in h rdous waste combustion facilities,
the enforcement process. (2) LDR Phase III and IV, (3) defInition
of solid and hazardous wastes, and (4)
Goal 7: Promote multimedia enforcement, HWIR.
pollution prevention, and environmental
justice. o Provide the Enforceability of Regulations
Workshop to EPA and State personnel.
Objectives
O ath
1. Identi1 y and pursue enforcement
opportunities to advance multimedia e Maintain REDboard.
enforcement, pollution prevention, and
environmental justice. o Develop and deliver the Basic RCRA
Practitioners Workshop for legal and
Goal 8: Develop strong enforcement technical staff.
provisions in environmental laws.
Multimedia, Pollution Prevention, and
Objectives Environmental Justice
1. Continue to identify opportunities to e Co-chair the workgroup on incorporating
strengthen the RCRA enforcement process. waste minimization in permits,
inspections, and enforcement.
FY 95 Priorities
• Continue the development of location
In addition to its FY 95 goals and objectives, standards for hazardous waste facilities.
RED identified priorities in five areas.
Environmental Legislation
Enforcement Policies and Case Support
o Develop legislation implementing the
0 Finalize Bottom-Line Penalty guidance Basel Convention.
and develop “Potential for Harm
guidance.
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OFFICE OF REGULATORY ENFORCEMENT—AN ORGANIZATIONAL OvEIWIEw
MULTIMEDIA ENFORCEMENT DIvIsIoN
The Multimedia Enforcement Division (MED)
of ORE has primary responsibility for
developing, implementing, and manpging
EPA’s National multimedia enforcement
program. In this role, MED supplies legal,
technical, and policy support to all EPA
Regions and States in developing and
prosecuting their multimedia cases. The
purpose of the Division is to combine
ecosystem protection, pollution prevention,
and environmental justice into single media-
and sector-based programs and to serve as the
primary liaison with other EPA offices, the
Department of Justice (DOJ), Congress, and
other organizations on all multimedia cases and
issues.
o Improved Regional coordination by
establishing a “one-stop-shopping”
system.
• Established initiatives and special
projects, such as the Mississippi River
Project, the Ecosystems Initiative, and
the Regional Initiative, in which
geographically based enforcement was
used to promote ecosystem protection
and environmental justice.
Policy Development Accompnchinents
• Surveyed Regional multimedia activity
and enforcement outputs.
FY 94 Accomplishments
In its infancy during FY 94, MED had major
accomplishments in three areas: 1) case
management, 2) policy development, and 3)
administration.
o Hosted the National Multimedia Meeting
and co-sponsored with Region 5 the
National Multimedia Enforcement
Conference.
o Developed a white paper defining EPA’s
multimedia vision.
Case Management A
• Developed general principles for
processing Regional referrals and a
mechanism for coordinating information
across ORE.
• Provided cross-media support to EPA
Headquarters, Regional Offices, and
DOJ on case economic benefits and
financial calculations.
o Began working with Regions to provide
technical and legal support on 10
significant multimedia enforcement
actions at the pre-referral, referral, and
settlement stages.
o Initiated two nationally managed cases
addressing approximately 350 violating
facilities.
o Issued the draft Revised Supplemental
Environmental Projects (SEP) Policy.
o Convened a workgroup to review all
media penalty policies.
o Chaired the Enforcement Delegations
Workgroup, which revised more than
200 enforcement delegations of authority.
o Established a joint research project with
the Massachusetts Institute of Technology
(MIT) to identify pollution prevention
technologies as injunctive relief.
EPA
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OFFICE OF REGULATORY ENFORCEMENr—AN ORGANIZATIONAL OVERVIEW
Aihnfriktraftve A
Objectives
• Mapped strategic goals for (1)
multimedia National program
development. (2) case management, (3)
policy development, and (4) coordination
activities.
• Established a general Regional case
support contract.
FY 95 Goals and Objectives
MED has established four goals and
corresponding objectives for FY 95.
Goal 1: Encourage and support Regional
multimedia enforcement efforts in both the
o4,ninistrative and judicial setting.
Objectives
1. Assure that Regional cases are prosecuted
efficiently and that there are adequate
litigation resources, both in-house and
through contracts, to address specific
litigation issues.
2. Ensure consistent implementation of
National enforcement policies and
procedures in multimedia cases and assure
that Regional cases are processed through
Headquarters and DOJ as efficiently as
possible.
3. Have available staff with legal and technical
progranimatic expertise to assist Regions
and DOJ in solving multimedia enforcement
problems.
Goal 2: Continue to develop a National
multimedia enforcement program with
Headquarters, Regional 1 and State components
that provides a comprehensive method to
institutionalize multimedia enforcement into all
aspects of environmental protection.
1. Develop a National multimedia network and
multimedia information clearinghouse.
2. Develop a Regional outreach program to
assist in establishing and integrating new
multimedia programs in Regions and States.
3. Conduct management reviews of Regional
multimedia programs, including review of
State grants and guidance.
4. Develop methods to measure the success of
programs.
Goal 3: Coordinate the development and
implementation of National enforcement
policies and procedures, including support for
regulation development and legislative issues.
Objectives
1. Ensure that economic benefit is calculated
and considered in every enforcement action
involving a penalty, including supporting
the BEN and ABEL models (for use by
Regions and States in determining economic
benefit).
2. Participate in the development of
enforcement and compliance strategies to
assure full coordination with other media
enforcement programs.
3. Support the development of regulations and
new or revised legislation.
4. Develop and support implementation of a
new policy on SEPs for use in
administrative and judicial enforcement
settlements.
5. Assist in the development and
implementation of a revised policy on
pollution prevention projects initiated during
enforcement actions.
November 1994
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OFFICE OF REGULATORY ENFORCFM r—AN ORGANIZATIONAL OVERVIRw
6. Assure the development and implementation
of consistent programmatic civil penalty
policies.
Goal 4: Coordinate multimedia enforcement
with other EPA programs, States, and other
agencies.
Objectives
1. Provide a coordinator for major EPA
programs, including Environmental Justice
Committee, the Eco-Systems Committee,
the OECA Pollution Prevention Council,
and the National Enforcement Council.
2. Coordinate within ORE, with program
offices, National Enforcement Investigations
Center, Office of Compliance (OC), DOJ,
States, and international forums on issues
related to multimedia enforcement.
FY 95 Priorities
• Establishing a clearinghouse
o Developing valid measures of quality and
productivity to begin benchmarking
o Increasing multimedia program visibility
and improving publicity.
3. Improve plsnning and targeting for
multimedia enforcement by:
o Emphasizing development of sound
enforcement strategies
o Emphasizing enhanced use of data
systems and data submissions
• Expanding the multimedia enforcement
approach to better address geographic
and ecosystem issues and corporate-wide
compliance issues
• Developing and supporting initiatives
In addition to its goals and objectives for FY
95, MED has identified four priorities.
1. Support National, Regional, and State
multimedia enforcement actions.
2. Provide National leadership in multimedia
enforcement and develop consistent
approaches to all phases of the enforcement
process. Activities will include:
Improving Regional multimedia
enforcement guidance activities
o Eliminating barriers and impediments to
improve productivity and quality
a Revising the SEP Policy
o Establishing the Penalty Policies
Workgroup
a Supporting the BEN, ABEL, PROJECT,
and CASIIOUT models
o Coordinating with OC on cross-program
activities.
4. Support and strengthen existing and
emerging Regional/State centers for
excellence by:
O Supporting emerging Regional/State
multimedia efforts
o Increasing partnership activities to better
incorporate Regional, State, and Tribal
views in multimedia activities
o Hosting a State/EPA multimedia
enforcement conference
o Pnh ncing State and EPA case
coordination to the extent possible.
25
EPA

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OFFICE OF REGULATORY ENFORCE fT—AN ORGANIZATIONAL OVERVIEw
Toxics AND PEsTIcIDES ENFORCEMENT DivisIoN
During FY 1994, TPED filed 40
administrative cases under TSCA, PIFRA, and
EPCRA with combined proposed penalties of
$4.6 million. With Headquarters assistance,
the Regions reached settlements against two
natural gas pipeline companies resulting in
combined penalties for PCB violations
exceeding $11 million.
FY 94 Accomplkhments
- E.l.duPontdeNemours&
Company, Inc. and Platte Chemical
Company, Inc. (Region 3), case for
unlawful distribution settled for $1
million
- Ashland Petroleum Company (Region
4), settlement included purchase of
computers for State emergency
tracking system
TPED identified FY 94 accomplishments in
four areas.
National and Regional Ruforcenient Cases
• Dexter Corporation.. EPA reached
agreement with the Dexter Corporation
to settle two complaints with combined
proposed penalties of $303,175; one
complaint was filed by Headquarters for
a TSCA §5 premanufacture notice
(PMN) violation; the other complaint
was filed by Region 5 for submission of
false or untimely notices of
commencement of manufacture (NOCs)
and failure to file timely export notices.
Dexter has agreed to pay more than
$100,000 in penalties, conduct a
nationwide TSCA compliance audit, and
spend $1.5 million on a SEP involving
the addition of equipment to reduce
solvent emissions to levels below
applicable legal requirements.
• Participated in several significant
Regional cases, including:
- Columbia Gas (Region 3), resulted in
$4.9 million penalty for unauthorized
use and release of PCBs at
compressor stations along 20,000-mile
pipeline
- Tennessee Gas Pipeline Company and
Tenneco, Inc. (Region 4), record-
setting $6.4 million penalty and clean
up for PCB violations at 42
compressor stations
- American Sales Company (Region 6),
issued and executed rare EPCRA
search warrant
- Alaska Pulp Corporation (Region 10),
first Region 10 multimedia settlement
for violations of TSCA, RCRA, and
the Toxics Release Inventory (TRI)
regulations under EPCRA
- Northwest Castings (Region 10),
company required to pay $4,970 and
install air pollution controls to settle
TRI violations.
Case Inltiaftves
o Inventory Update Rule. Filed
complaints seeking approximately $2.9
million in penalties against 39 chemical
manufacturers and importers for failure
to report specific chemical production
and site information in a timely and
accurate manner.
27
&EPA

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OFFICE OF REGULATORY ENFORCFMENT—AN ORGANIZATIONAL Ovi iwww
o FIFRA Good Laboratory Practice
Standards (GLPS). Issued 12 civil
complaints against pesticide registrants
proposing $183,000 in penalties for
violations of FIFRA and GLPs.
Regional Support/Coorilhintion
o Provided support to the Regions at their
request on the following incidents: (1)
USS Cabot, Region 4; (2) Cheerios/
General Mills and Sc Johnson, both in
Region 5; (3) Miles, Region 7; (4)
Professional Services, Region 8; and (5)
Columbia Falls Aluminum Company,
Region 10.
National Program inctions/
Cuinmunicatlons
- EPCRA Citizen’s Suit Procedures
- EPCRA 313 Interpretative Guidance
Workgroup
- FIFRA 25(b) Low-Risk Chemical
Rule
- Transgenic Plants
- TSCA: Grout Rule
- TSCA 8(e) Environmental Effects
Reporting Guidance
- Hexavalent Chromium Rule
- Premanufacture Notice Amendments
- Pulp and Paper Mill Application
Voluntary Stewardship Program
- AHERA Rule Amendment
- Asbestos Model Accreditation Plan
Amendments
- TSCA: Lead-Based Paint Abatement
Training and Performance
Regulations.
o Participated in the following
communication measures to strengthen
enforcement objectives:
- Branch Chief telephone calls/monthly
Office of Regional Counsel conference
calls
- Statute of limitations decision in 3M
Co. v. Browner: Regions were
advised on the implications of this
decision
- Monthly TSCA 5 and 8 conference
calls and Office of Pesticide Programs
conference calls
- Monthly Regional Asbestos
Coordinators conference call
- FOSTFA and SFIREG meetings
- Worker Protection Standard - Issuance
of Serious Error List.
Rulema ldng
• Participated in the following rulemaking
or interpretive guidance efforts:
- EPCRA 313 Alternative Reporting
Threshold for low-level waste
- EPCRA 313 Chemical Expansion
Activities
FY 95 Goals and Objectives
For FY 95, TPED identified three goals and
corresponding objectives.
Goal 1: Maximize the effectiveness of the
Division as an organizational unit.
Objectives
1. Ensure managers and staff (1) have the
information/tools necessary to do their jobs,
(2) are empowered, and (3) maximize
teamwork.
2. Assist in career and professional
development of staff.
3. Develop and streamline procedures/
processes, as necessary.
Goal 2: Strengthen enforcement of the Toxics,
EPCRA, and Pesticides laws.
November 1994
28

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OFFICE OF REGULATORY EN1 ORC M —AN ORGANIZATIONAL OVERVIEW
Objectives
I. Develop effective enforcement cases,
initiatives, and approaches to promote
compliance with TSCA and support the
Agency’s priorities of risk reduction and
data quality:
o Complete §8(e) Compliance Audit
Program (CAP) guidance documents,
enter into consent agreements, and
collect stipulated penalties
• DeveLop and implement §8(e) CAP
nonparticipant initiative and the PCB
CAP initiative
• Develop potential TSCA §5(e) National
Initiative focusing on ensuring
compliance with TSCA risk-based
consent orders contoining worker
protection provisions
• Develop and coordinate a mini-initiative
on Asbestos Mode! Accreditation Plan
troining course providers
• Provide case development and litigation
support to the EPA Regional offices.
2. Develop effective enforcement cases,
initiatives, and approaches to promote
compliance with FWRA and support the
Agency’s priorities of environmental justice,
risk reduction, and food safety.
o Continue to coordinate and implement
Phase I (product labeling) of the National
Worker Protection Initiative and begin
Phase II.
• Prepire cases/initiatives in one or more
of the following areas: unregistered
pesticide products, bulk repackaging,
child resistant packaging, and/or
disinfectants.
o Provide case development and litigation
support to the EPA Regional offices.
3. Develop effective enforcement cases,
initiatives, and approaches to promote
compliance with EPCRA and support the
Agency’s priorities of environm nta1 justice
and data quality.
4. Promote international compliance with
Toxics and Pesticides laws and help address
congressional and public concerns on the
“circle of poison issue.
5. Target enforcement initiatives to maximize
the positive environmental and health effects
from toxics, pesticides, and EPCRA
activities.
6. Promote compliance by effectively
communicating the results of initiatives and
enforcement cases.
7. Promote the use of innovative SEPs, as
appropriate.
Goal 3: Enhance the management and
ii rastructwe of NO4O,WJ Toxic , Pesticides,
and EPCPA programs.
Objectives
1. Provide guidance, policies, and support for
effective enforcement of PIFRA, TSCA,
and EPCRA.
2. Provide guidance, policies and support for
effective international enforcement.
WA
29

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OFFIcE OF REGULATORY ENFORCEMENT—AN ORGANIZATIONAL OVERVIEW
TELEPUONE LisT
OFFICE OF ENFORCEMENT AND CoMPLIANCE ASSURANCE
202-260-4134
202-260-0500
_____ 202-260-4539
202-260-6848
303-236-5100
303-256-5116
202-260-5053
202-260-0129
202-260-4814
202-260-3106
202-564-2280
202-564-0027
202-564-2220
202-564-0011
____ 202-564-2260
202-564-0015
202-564-8304
202-564-0018
____ 202-564-2270
202-564-0019
02-564-2230
2 )2-564 -0010
Fax: 202-564-0020
EPA
Office of Enforcement and Compliance Assurance General number:
Fax:
Office of Criminal Enforcement General number:
Fax:
National Enforcement Investigations Center General number:
Fax:
Office of Federal Activities General number:
Fax:
Office of Site Remediation Enforcement General number:
Fax:
Office of Compliance General number:
Fax:
Office of Regulatory Enforcement General number:
Fax:
Air Enforcement Division General number:
Fax:
Water Enforcement Division General number:
Fax:
RCRA Enforcement Division General number:
Fax:
Multimedia Enforcement Division General number:
Fax:
Toxics and Pesticides Enforcement Division
General number: 20 2-564-4071
31

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Office of Enforcement and Compliance Assurance
Adimnislralion & Resource
Management Support Staff
Sally Seymour, Director
Craig Hooks, Dep. Dir.
Assistant Administrator for
Enforcement arid Compliance
Asainance
Steveur A. Herman
DapL Ma Depaty Ma
Administrator Administrator
Seen Rdio Michsej Stahl
Enforcement Capacity
and Outreach Office
Gerald Byran. Director
Anne Lassiier, D sp. Dir.
F
Federal Facilities
J Enforcement Office
Barry Bmen. Director
Richard Colbat, Aasoc. Dir.
Site Remedialson and
Enforcement Staff
Joyce Olin, Dir. (Acting)
Planning, Prevention and
Compliance Staff
James Edward, Dir.
Office of
Criminal Enfotcemernt
Earl Devaney, Director
Steve Qiesier, Dsp. Dir.
Senior Enforcement Cowisel
Walker
Office of
National Enforcement
Investigations Center Bob Van Heuvelen, Director
FIIkCOVIngIOO. onus Musgrove. Dsp. Dir.
Criminal Enforcement
Counsel Division
Kathleen Hughes
Asat. Director
Criminal lzwesiigalions
Division
Leo D’Amico, Mat. Dir.
Office of
Crimpliance
Elaine Stanley, Director
rc Schueffer. Dsp. Dir.
lanning and Managem
Division
Lea Ogden. Assi. Dir.
(Acting)
Office of Sjte
Remedialitm Enfoiceinestt
Brace Diamond. Director
Samuel Coleman, Dep. l)ir.
Multimedia
Enforcement Division
Michael Wood, Dir.
Melissa Marahali, A.D .
Operations
Division
Robert Harp. Mat. Dir.
Federal Activities
Il d Sanderaon. Director
rilham Dickerson, Dsp. Dir
Enforcement Planning.
aigeling & Data Divisi
Fred SushI. Director
Pasquale Alberico. D D .
H
Water
Enforcement Division
Ramona Tiovato. Direct
Kath Summerlen, A.D.
0
I
I
I
I
I
Laboratory Services
Division
Gary Young. Mat. Dir.
Manufacturing. Energy &
Transpottalion Division
John Rasiuc, Director
Richard Biondi, A.D
[ Policy & Program
J Evaluation Division
Linda Boornasian, Dir.
[ tegicnaI Support Division
Sandia Connors. Director
I
Federal Agency Liaison
Division
Anne Miller, Dijecior
0
I
Toxics & Pesrimdes
Enforcement Division
Jesse Baskerville, Dir.
Maureen L don, A.D.
Air Enforcement Division
Kauhie Stahi, Director
Janat Bearden, D.D.
Special Programs &
Analysis Division
Katie Buggs, Director
Qienucal, Commercial
Svcs. & Municipal Div.
Susan Bromm, Director
ElhioU Gdberg, A.D.
Agriculture & Ecosystems
Division
Rick Colbert, Director
David Dull. A.D.
RCRA Enforcement
Division
Susan OKenfe, Director
David Nielsen. A.D.

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