IV
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Compliance & Enforcement Annual Results
Table of Contents
.Subject
Environmental Results
FY 2005 Highlights
Estimated Pollutant Reduction Commitments
Health Benefits from Top Air Cases
Dollar Values of Concluded EPA Eni'orcotxsent Actions
EPA Cases Reporting Complying Actions
Civil iinfoivement Program
Civil judicial Referrals to Department of justice (DOj)
Civil Judicial Conclusions
Administrative Penalty Complaints
Final Administrative Penalty Orders
Administrative Co-x-pliar-ce Orders
Tola! Facilities Addressed by 2005 Cases
Superhmd Situ- Remediation Enforcement
Criminal Enforcement Progran)
Cn'mtnal ;m'es(.;gal
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FY 2005 Highlights
In FY 2005 actions from the enforcement and compliance
program produced significant results including...
d. q>.iu isiiiioii to reduce
and achieve compliance
Results like this reflect a strong and active enforcement program,
effective targeting, and a focus on results-based performance.
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BT Off P HI P f 11
JL 1*?.! V.t.l.lS.'iL.jLS.?
"£**•
>S
Estimated Pollutant Reduction Commitments
Obtained through Formal Enforcement Case Conclusions
FY 2001 -FY 2005
"
1,000
Cfl
n QC\C\
2 800
— 1
— 1
^ fiflfl
g
r/ /inn
£ 4UU
-3
n -
1,000
660
600
260
1,100
2001
2002 2003 2004
Fiscal Year (FY)
2005
FY2005 Drt^rt Source: Integrated Compliance Information System (1CIS), & Manual Calculations, October 27, 2005
Disclaimer: Due to enhanced data quality reviews, minor corrections may linve been made to previously reported
data. As sncli, this FY 2005 Enil-of- Year Report contains updated enforcement and compliance data for prior years.
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Air Enforcement Cases Yield Human
Health Benefits Valued Over $4.6 Billion Annually
^^<^^<^^.•:•':-::-::--:\-\--:-<\-\-\-\-\f< ---;x^'••••••••'•••-y^'-:-<<:-:'-:-:
jpl
estimated
pollutant
reduction of
491 million
pounds SOx and
137 million NOx
when all required
pollution controls
are completed.
Annual
estimated
human health
benefits valued
at more than
$4.6 billion
This is the first time EPA is estimating health benefits from its enforcement cases. The benefits are estimated
using an EPA peer-reviewed model. The estimate is for ten air cases only and is based only on NOx and SOx
pollutant reductions. A portion of these benefits is expected to be realized immediately and to increase annually as
the companies continue to install the pollution controls required in the judicial settlements. The benefits are
expected to reach their maximum annual amount at $4.6 billion in 2012, after which they will continue to accrue.
Thus, the $4.6 Billion is a very conservative estimate. The health benefits of NOx and SOx reductions quantified in
this estimate include reductions in premature mortality, chronic and acute bronchitis, myocardial infarctions,
hospitalizations, respiratory symptoms, and/or work loss days.
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Dollar Values of Concluded EPA Enforcement Actions
FY 2001 - FY 2005
cc
$12.0 -
$10 0 -
$8.0 -
$6.0 -
$4.0 -
$2.0 -
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FY 2005 Compliance & Annual Results
EPA Cases Reporting Complying Actions
FY2005
100°/(
4,326 Total Concluded Cases
Complying Action Category
D Direct i Preventative or Facility Management or Information Practices (FMIP)
These two categories of complying actions are not exclusive, therefore the total exceeds 100%.
Examples of
Complying Actions
•/' Source Reduction
^ Implement Business
Best Practices
^ Wetlands Mitigation
•^ Spill Removal
Preventative:
^ Storage Change
S Develop Spill Control
Plan
S Asbestos Abatement
v" Pesticide Registration
v" Auditing
S Reporting
*' Testing
• Training
FY 2005 Data Source: Integrated Compliance Information System (ICIS), October 27, 2005
6
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s
EPA Civil Judicial Referrals
FY 2001 - FY 2005
DCERCLA
acwA
a EPCRA
m FIFRA
DRCRA
^SDWA
STSCA
D Multi-Program
0
2001 2002 2003 2004 2005
Fiscal Year (FY)
FY 2005 Data Source: Integrated Compliance Information System (ICIS), October 27, 2005
Disclaimer: Due to enlianced data quality review*, minor corrections nun/ have been made to previously reported
data. As such, this f'Y 2005 r'.tid-of-Vear Report contains updated enforcement and compliance data for prior years.
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EPA Civil Judicial Conclusions
FY 2001 - FY 2005
o
H
250
200
150
100
50
0
221
195
176
157
2001
2002
2003
2004
2005
HCAA
D CERCLA
E3 MPRSA
mew A
D EPCRA
m FIFRA
QRCRA
ESDWA
m TSCA
n Multi-Program
Fiscal Year (FY)
FY 2005 Data Source: Integrated Compliance Information System (1CIS), October 27, 2005
Disclaimer: Due to enhanced data quality reviews, minor correction* may have been made to previously reported
data. As such, this FY 2005 r'.nd-of-Year Report contains updated enforcement and compliance data for prior years.
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FY 2005 Compliance & Enforcement Annual Results
Administrative Penalty Order Complaints
FY 2001 - FY 2005
rtf
4-»
o
H
2500
2000
1500
1000
500
0
2001
2005
KCAA
D CERCLA
E3 MPRSA
DCWA
D EPCRA
m FIFRA
DRCRA
m SDWA
QTSCA
D Multi-Program
2002 2003 2004
Fiscal Year (FY)
FY2005 Data Source: Integrated Compliance Information System (IC1S), October 27, 2005
Disclaimer: Due to enhanced data quality reviews, minor corrections may have been made to previously reported
data. As such, this FY 2005 End-of-Year Report contains updated enforcement and compliance data for prior years.
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FY 2005 & Enforcement Annual Results
EPA Final Administrative Penalty Orders
FY 2001 - FY 2005
2,500
2,000
_ 1/500
o
H
1,000
500
0
2,248
1,734
1.417
1706
r^^^n-
2,273
2001
2002 2003 2004
Fiscal Year (FY)
2005
mCAA
DCERCLA
m MPRSA
E3CWA
D EPCRA
M FIFRA
C3RCRA
BSDWA
HTSCA
D Multi-Program
FY2005 Data Source: Integrated Compliance Information System (ICIS), October 27, 2005
Disclaimer: Due to enhanced data quality reviews, minor corrections may have been made to previously reported
data. As such, this FY 2005 End-of-Year Rqxrrt contains updated enforcement and compliance data for prior years.
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FY 2005 Compliance & Enforcement Annual Results
2,000
1,500
1,000
500
0
Administrative Compliance Orders
FY 2001 -FY 2005
1,807
1,476
1,250
2001 2002 2003 2004 2005
Fiscal Year (FY)
ECAA
D CERCLA
E3CWA
DEPCRA
B FIFRA
E1RCRA
^SDWA
EDTSCA
D Multi-Program
FY 2005 Data Source: Integrated Compliance Information System (ICIS), October 27, 2005
Disckimer: Due to erdianced data quality reviews, minor corrections may have been made to previously reported
data. As such, this FY 2005 End-of-Year Report contains updated enforcement and compliance data for prior years.
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lance
Total Facilities Addressed by FY 2005 Enforcement Cases
5,200
5,000
4,800
4,600
4,400
4,200
4,000
3,800
.4,346
D Cases H Facilities
FY 2005 Data Source: integrated Compliance Information System (ICIS), October 27, 2005
Including:
• administrative
compliance orders
• final administrative
penalty orders
• civil judicial conclusions
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FY 2005 Compliance & Enforcement Annual
Superfund Site Remediation Program
FY 1996 - FY 2005
1,600
c
o
.3
D Cleanup
M Cost Recovery
1996 1997 1998 1999 2000 2001 2002 2003 2004 2005
Fiscal Year (FY)
FY2005 Data Source: Comprehensive Environmental Response, Compensation & Liability Information System (CERCLIS), October 27, 2005
The Office of Site Remediation Enforcement (OSRE) includes case results
in CERCLIS when the Regional Administrator signs the consent decree.
Disclaimer: Due to enlianced data quality reviews, minor corrections may have been made to previously reported ^3
data. As such, this FY 2005 End-of-Year Report contains updated enforcement and compliance data for prior years.
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FY 2005 Compliance & Enforcement Annual Results
Criminal Enforcement Program
FY 2001 - FY 2005
Environmental Crime
Investigations
482 484
Defendants Charged
2001 2002 2003 2004 2005
Fiscal Year (FY)
400
300
I 200
H
100
0
372
325
2001 2002 2003 2004 2005
Fiscal Year (FY)
FY 2005 Data Source: Criminal Docket, October 27, 2005
Disclaimer: Due to enhanced data quality reviews, minor corrections may have been made to previously reported
data. As such, this FY 2005 End-of-Year Report contains updated enforcement and compliance data for prior years.
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250
FY 2005 Compliance & Enforcement Annual
Criminal Enforcement Program
Sentencing Results
FY 2001 -FY 2005
Incarceration
2004 2(105 '
Fiscal Year (FY)
Fines and Restitution
$125
2001 2002 2003 2004 2005
Fiscal Year (FY)
FY 2005 Data Source: Criminal Docket, October 27, 2005
Disclaimer: Due to enhanced data quality reviews, minor corrections may have been made to previously reported
data. As such, this FY 2005 End-of- Year Report contains updated enforcement and compliance data for prior years.
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FY 2005 Compliance & Enforcement Annual Results
EPA Voluntary Disclosure Programs
FY 2001 - FY 2005
Voluntary Disclosures
Initiated
ED Companies
M Facilities
FY FY FY FY FY
01 02 03 04 05
Voluntary Disclosures
Resolved
FY FY FY FY FY
01 02 03 04 05
0 Companies
H Facilities
Data Source: Integrated Compliance Information System (ICIS), October 27, 2005
Disclaimer: Due to enhanced data quality reviews, minor corrections may have been made to previously reported
data. As such, this FY 2005 End-of-Year Report contains updated enforcement and compliance data for prior years.
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FY 2005 Compliance & Enforcement Annual Results
Entities Reached with Compliance Assistance
1,600
0
Numbers of Entities Reached with Compliance Assistance (except Center Users)
Number of Users of EPA-Sponsored Web-Based Compliance Assistance Centers
2001
2002
2003
Fiscal Year (FY)
2004
2005
FY 2005 Data Sources: Integrated Compliance Information System (ICIS), October 27, 2005 and on-line usage report.
Disclaimer: Due to enhanced data quality reviews, minor corrections may have been made to previously reported
data. As such, this FY 2005 End-of-Year Report contains updated enforcement and compliance data for prior years.
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FY 2005 Compliance & Enforcement Annual Results
FY 2005 Compliance Assistance Centers
EPA Sponsors 14 Web-Based Compliance
100%
80%
§ 60%
H
QJ
PH 40%
.P 20%
0%
Increased
Understanding of
Regulations
Action Taken
Pollutant Reductions
Outcomes Reported
FY 2005 Data Source: On-line surveys completed during FY 2005
Disclaimer: Due to enlianced data quality reviews, minor corrections may have been made to previously reported
data. As such, this FY 2005 End-of-Year Report contains updated enforcement and compliance data for prior years.
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J"""** 1 "I"01* Jr~"(» 1
Cjroa.1 Five Cjovcrninciit
Prepared Ini the Office of Enforcement and Compliance Assurance
f
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FY 2005 Compliance & Enforcement Annual Results
Government Performance and Results Act (GPRA) - Goal 5
Measures
Monitoring and Enforcement
: Measure
Number
178
179
180
181
182
183
Measure Description
Pounds of pollution estimated to be reduced,
treated, or eliminated as a result of concluded
enforcement actions.
% of concluded enforcement cases requiring that
pollutants be reduced, treated, or eliminated and
protection of populations or ecosystems.
% of concluded enforcement cases requiring
implementation of improved environmental
m an a gem en t prac tices .
Number of inspections, civil investigations, and
aim in.al investigations conducted,
% of regulated entities taking complying actions as a
result of on-site compliance inspections and
evaluations.
Dollars invested in improved environmental
performance or improved environmental
in a nagement practices as a result of concluded
enforcement actions (i.e., i.njunctive relief and SBPs).
FY05
Target
300 Mil ibs.
30%
60%
18300
10%
S4 Bil
FV 05 Actual
1.1 Bil Ibs.
29%
73%
2X000
19%
$10 Bil
Comments
Target Exceeded
Target not Met
Target Exceeded
Target. Exceeded
'Target Exceeded
Target Exceeded
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FY 2005 Compliance & Enforcement Annual Results
Government Performance and Results Act (GPRA) - Goal 5
Measures
Compliance Incentives
Measure
Number
174
175
176
177
Measure Description
% of audits or other actions that result in the
reduction, treatment, or elimination of pollutants
and the protection of populations or ecosystems.
% of aildits or other actions that result in
improvements in environmental management
practices.
Pounds of pollutants reduced, treated, or
eliminated, as a result of audits or other actions.
Dollars invested in improved environmental
performance or improved environmental
.management practices as a result of audits or other
actions.
-F^OSV:
Target
5%
10%
0.25 Mi! Ibs.
$2,0 Mil
FY05
Actual
6%
90%
1.9 Mi libs.
S3.4 Mil
Comments
Target Exceeded
Target Exceeded
Target Exceeded
Ta rget Exceeded
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FY 2005 Compliance & Enforcement Annual Results
Government Performance and Results Act (GPRA) - Goal 5
Measures
Compliance Assistance
Measure
Number
Measure Description
W05
Target
FY05
Actual
Comments
Percent of regulated entities seeking assistance from EPA-sponsored compliance assistance centers and
clearinghouse reporting that, as a result of their use of the centers or clearinghouse, they:
990
987
989
Increased their understanding of
environmental req u irem en ts
Improved environmental management
practices
Reduced, treated, or eliminated pollution
75%
60%
25%
84%
78%
46%
Target Exceeded
Target Exceeded
Target Exceeded
Percent of regulated entities receiving direct compliance assistance from EPA reporting that, as a result of the
EPA assistance, they:
991
988
992
Increased their understanding of
environmental requirements
Improved environmental management
practices
Reduced, treated, or eliminated pollution
65%
50%
25%
91 %
72%
13%
Target Exceeded
Target Exceeded
Target not Met
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