EPA-909-N-02-001
&EPA
Winter 2002
Volume 1, Number 1
In this issue...
Partnerships with State
& Local Agencies Pg. I
National Priorities
Pg. 4
Supplemental Environ-
mental Projects (SEPs) Pg. 5
Stratospheric Ozone
Protection Program Pg. 7
Around the Region Pg. 8
U.S. EPA Pacific Southwest Region
Clean Air
Compliance Update
The first issue of a quarterly publication of the Pacific Southwest Region Air Division
PARTNERSHIPS WITH STATE & LOCAL AGENCIES
California Energy Crisis
In January 200 I, the governor of California declared
energy emergencies related to the anticipated shortfall of
energy generation in the West. Governor Gray Davis
developed an expedited permit review process through
Executive Orders D22-D27 to address the shortfall. In
accordance with a directive by President Bush on Feb. 15,
2001, the Air Division worked diligently with California
agencies to develop solutions to the energy shortfall that
were consistent with the Clean Air Act (CAA) and ensured
the continued protection of human health and the
environment.
EPA inspectors observe a worker inspecting a
turbine shaft at AES's Huntington Beach, Calif, plant
in February 2001.
"This past year saw the Air Resources Board and U. S. EPA working together to support efforts by local air
districts to implement Governor Davis's Executive Orders addressing the emerging energy crisis in California.
As a remit of these efforts, we were able to keep the lights on while continuing to improve air quality. "
— Mike Kenny, Executive Director, California Air Resources Board
Printed on 50% postconsumer recycled paper
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In addition to an expedited permitting process, our Enforcement Office executed two kinds of administra-
tive actions under limited circumstances. These Administrative Orders on Consent (AOCs) were necessary so
that construction at emergency peaking facilities and at gas transmission facilities could begin. While the AOCs
expedited construction of facilities to address the energy shortfall, they also protected the environment since
the companies were required to install controls for nitrogen oxides. One AOC also permitted an extension to
the hours of operation of existing peaking units that were nearing their annual permitted limits on emissions
and hours of operation. These units were crucial electric generation units and would only be used as a last
resort to prevent a blackout. If the units exceeded their limits, the facility would pay to the local air agency a
mitigation fee for the excess emissions to fund pollution offset projects. In total, seven AOCs were issued to
various operations: Wildflower Energy (Larkspur and Indigo), the Williams Company, Alliance Colton, Pegasus
Power, and Mirant. For more information about energy issues in the Pacific Southwest (Region 9), please visit
our website at: http://www.epa.gov/region09/cross pr/energy/.
Fugitive Dust — Phoenix, Arizona
The Phoenix metropolitan area is a serious nonattainment
area for particulate matter, or PM-10. As such, the state and
local air regulatory agencies are required to develop a plan to
address the nonattainment problem, which is the result of
windblown fugitive dust from a variety of activities that disturb
the ground and leave it unstabilized. Fugutive dust sources
include construction, unpaved roads and parking lots, dis-
turbed vacant lots, and re-entrained road dust from paved
roads. These sources account for as much as 40% of the
particulate matter emissions in the area.
Dust at a Kaufman and Broad construction site in
April 2000. EPA collected a $28,000 penalty for these
violations in February 2001.
The agencies developed a plan which relied heavily on
improving dust control at the sources causing the problem.
However, the Maricopa County Environmental Services Department (MCESD) needed some assistance in
developing its capacity to inspect and enforce these requirements; EPA's approval of its PM-10 plan was
contingent on this improved inspection and enforcement capacity. Since the MCESD's dust inspection and
enforcement program was understaffed, EPA supported MCESD by performing dust control inspections in
the Phoenix metropolitan area, and by taking enforcement actions whenever EPA found violations. This sent
the message to the community that both EPA and MCESD considered dust control to be vital to improving
public health. This was also the theme of press coverage that accompanied EPA's enforcement actions in the
Phoenix area.
Contemporaneous with our compliance activities, we gave the MCESD a one-time grant of $ 100,000 to
assist in hiring inspectors. MCESD eventually increased the number of inspectors devoted to dust control
from one to eight, using County funds, and also added an enforcement officer and an attorney from the
Maricopa County Attorney's Office. We also conducted training for MCESD - and other Arizona agencies' staff
- on dust compliance assurance methods. From April 2000 through December 2001, MCESD completed
9,650 inspections, and took 263 enforcement actions resulting in $615,705 in penalties. In addition, MCESD
has been working very closely with the regulated community to provide education about the importance of
the dust control regulations to the protection of public health. These efforts by MCESD are significant strides
forward in its challenge to control 40% of the particulate matter emissions in the area. This improvement in
the agency's performance allowed EPA to propose approval of its PM-IO plan in September 2001.
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"The enforcement action was a colla-
borative effort that brought diverse
perspectives from the federal and local
levels toward protecting human health
and the environment."
— Ursula Kramer, Director, Pima County
Department of Environmental Quality
Community Concerns About Beryllium
— Pi'mo County, Arizona
The Pima County Department of Environmental Quality
(PDEQ) is the agency responsible for issuing air quality
permits in Pima County. The permit for the Brush-Wellman
facility recently came up for renewal. Brush-Wellman uses
beryllium, a hazardous material, in the manufacture of parts for
the aerospace and defense industries.
Permit issuance for the facility came under fire because
the local community raised environmental justice and health
and safety concerns. The community was aware that several employees of a Brush-Wellman sister plant in
Ohio had died or were ill as a result of exposure to beryllium. The community was concerned that plant
emissions were exposing the community, especially children in local schools, to a public health threat.
EPA worked with PDEQ, the Arizona Department of Environmental Quality (ADEQ) and the federal
Agency for Toxic Substances and Disease Registry (ATSDR) to investigate the situation. In October 2000, EPA
inspected the facility with PDEQ, at its request, and the agencies found several violations during their joint in-
spection. PDEQ pursued those violations and obtained a $145,000 penalty in August 2001. In addition, ATSDR,
ADEQ and PDEQ did soil sampling and air modeling around the facility. Their conclusions were that there was
no public health hazard from the facility. However, since exposure did seem to be occurring within the plant, the
U.S. Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety
and Health (NIOSH) were contacted. NIOSH is currently conducting an epidemiological study of all workers at
Brush-Wellman facilities to see if current standards are protective of public health for sensitive individuals.
Air Toxics Training in Hawaii and Nevada
The Air Toxics program, Section I 12 of the CAA,
consists of two components: Maximum Achievable Control
Technology (MACT) for major and area sources and the risk
reduction program. The goal of this program is to reduce
emissions of 189 hazardous air pollutants where their
emissions, ambient concentrations, bioaccumulation or
depositions are known or may reasonably be anticipated to
cause adverse effects to human health - such as cancer - or
adverse environmental effects. Since the 1990 amendments
to the CAA, EPA has promulgated 46 MACT standards, and
many more are in development or near completion. The Air
Division has been working with state and local air pollution
control agencies to build their capacities to implement both aspects of the program. It is critical to ensure that
the MACT portion of the program is implemented completely in order to assess accurately any residual risk.
The risk portion of the program will examine residual risk and establish methods for its minimization.
As part of our capacity-building activities, we provided training for some of our state, local, and tribal
agencies on implementing the MACT regulations. In February 2001, we trained 30 staff at the Hawaii Depart-
ment of Health, and in May 2001, we trained 25 staff from Washoe County, Nev., the state of Nevada, and
several tribes. The training covered an introduction to air toxics and more detailed information on specific
MACTs. The training also included conducting joint inspections at MACT sources with our agency partners.
EPA plans training for Arizona in early 2002.
John Brock conducts training in Hawaii.
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California's Chrome Multimedia Inspections Report
In January 2001, the California Environmental Protection Agency completed its report on the results of
multimedia inspections of chrome platers in the Los Angeles area. These inspections were conducted during
the fall of 1999 and spring of 2000, and the purpose was to verify systematically these facilities' compliance
with air, hazardous waste and water regulations, and to determine the effectiveness of coordinated multimedia
inspections. The agencies involved in this endeavor included the California Air Resources Board, the Depart-
ment of Toxic Sustances Control, the State Water Resources Control Board, the South Coast Air Quality
Management District and other state and local agencies in the Los Angeles area. Based on the inspections
results, the report recommends that the overall compliance rate for this source category should be improved
by conducting more frequent inspections, compliance assistance activities, and taking appropriate enforcement
action against sources found in violation. EPA's Office of Enforcement and Compliance Assurance (OECA)
provided funding for this project, and Region 9 staff participated in the inspections. Copies of the report are
available at http://www.arb.ca.gov/cd/chromeplating.htm.
NATIONAL PRIORITIES
Adopt-A-MACT: Chrome Plating
As part of EPA's efforts to implement the Air Toxics
program, our Office of Enforcement and Compliance
Assurance requested that each region "adopt" a MACT
standard to develop compliance assurance tools and serve
as the technical expert for other regions and state and local
agencies on that MACT. In choosing a MACT, we determined
that the Chromium Electroplating MACT was appropriate,
since between 1991 and 1997 Region 9 was involved in
I I cleanups of metal finishing facilities totaling more than
$9 million in costs. The cleanups removed exposures to highly
toxic chemicals in low income or Environmental Justice
communities. A focus of this effort was how best to assist
small businesses in complying with environmental regulations
to prevent future exposures and subsequent cleanups.
Kingsley Adeduro (background) observes while an
A-1 Plating operator conducts a surface tension
measurement using a stalagmometer, June 2001.
We developed the Adopt-A-MACT Chromium Electroplating Manual for use by EPA inspectors, as well
as state and local inspectors and the regulated community. The manual guides inspectors through onsite
enforcement and compliance assistance inspections and provides information on Pollution Prevention and
Environmental Management Systems (EMS). The manual is being distributed to all Regional Offices and will be
used as a training tool in our compliance assistance workshops and outreach.
"The Carrot and the Stick"
A successful melding of compliance assistance and enforcement can be found in Region 9's recent ex-
periences with the Chromium Electroplating MACT. In developing the Adopt-A-MACT materials, we selected
Clark County, Nev. as an area to conduct inspections, since it continues to be of concern due to continued
and significant growth in population, combined with the unique environmental concerns associated with rapid
development in such an arid environment. During a series of inspections, we found 100% non-compliance at
chrome electroplating facilities. We issued Administrative Orders to the facilities and provided assistance on
how to comply with the MACT. Using this combination of inspections and compliance assistance, the Region
has seen all previously inspected sources going from 100% non-compliance to 100% compliance.
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"... [W]e will work to promote effective compliance with environmental standards without weakening
our commitment to vigorous enforcement of tough laws and regulations. We will offer the carrot when
appropriate, and always preserve the stick of enforcement. "
— Gov. Christine Todd Whitman in January 17, 2001 testimony before the U.S. Senate's Committee on
Environment and Public Works
PSD/NSR National Refinery Initiative
Our Enforcement Office has been actively involved in national settlement negotiations, led by EPA's
Office of Enforcement and Compliance Assurance, with BP Corporation and Equilon Enterprises, LLC. The
settlement negotiations are focused on the following four marque issues: (I) Prevention of Significant
Deterioration/New Source Review requirements (PSD/NSR); (2) Benzene Waste National Emission Standards
for Hazardous Air Pollutants (NESHAP); (3) Leak Detection and Repair (LDAR) requirements; and, (4) New
Source Performance Standards(NSPS), Subpart J, for sulfur recovery plants and flares.
In Region 9, BP operates a petroleum refining facility in Carson, Calif. As part of the settlement, BP has
agreed to use the low-nitrogen oxide (NOx) combustion promoter and NOx absorbing catalyst additives to
reduce NOx emissions from the fluid catalytic cracking unit, which converts heavy petroleum distillates to
the lighter by-products used to make gasoline. In addition, BP has initiated a 12-month project demonstration
of de-sulfur oxide catalysts to reduce sulfur oxide (SOx) emissions from the unit.
BP has also agreed to improve and enhance the Benzene Waste NESHAP compliance and LDAR
programs to reduce further benzene emissions from the refinery waste water process and fugitive volatile
organic compound (VOC) emissions from the refinery process equipment. The settlement also requires BP
to comply with the requirements of NSPS Subpart J for sulfur recovery plants at the Carson refinery.
Compliance with NSPS Subpart J will not only reduce sulfur emissions by 98%, but will also provide BP with a
marketable sulfur product.
Equilon operates three petroleum refineries in Martinez, Bakersfield and Los Angeles, Calif. As part of the
settlement, Equilon will reduce NOx and SOx emissions at the Martinez and Los Angeles refineries by utilizing
NOx absorbing catalyst additives and de-SOx catalysts. To reduce fugitive VOC emissions from valves and
pumps at these refineries, an enhanced LDAR compliance program which consists of more frequent moni-
toring, using lower definitions for what is a "leak," and regular auditing of each refinery's LDAR program will be
implemented. The Benzene NESHAP compliance program will also be enhanced through comprehensive
auditing, regular monitoring, and improved emission controls.
The agreement with Equilon also includes $1.5 million in community-based supplemental environmental
projects for communities near Martinez, Bakersfield and Los Angeles.
SUPPLEMENTAL ENVIRONMENTAL PROJECTS (SEPs)
Health Clinic— Wilmington, California
As part of a $7 million settlement with EPA in October 2000, Chevron agreed to spend $500,000 on a
Supplemental Environmental Project to help build and operate a health clinic in Wilmington, California to
diagnose and treat respiratory diseases. The facility will provide medical care to people in the South Coast Air
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Basin who have experienced respiratory health problems. As part of another SEP, Chevron also agreed to
spend $500,000 to install leakless valves and double-sealed pumps at its El Segundo refinery. These devices
are effective at preventing significant emissions of air contaminants. This settlement was a result of Chevron's
violations of the State Implementation Plan (SIP) at its offshore loading terminal near El Segundo, Calif. This
settlement is expected to achieve an annual reduction of 155 tons of volatile organic compounds (VOCs).
As a result of this settlement and other developments, Communities for a Better Environment withdrew its
complaint alleging Civil Rights Act violations resulting from emissions trading in September 2001.
Bulk Gas Terminal Controls — Kauai, Hawaii
Under an agreement reached with EPA in May 2001, Chevron will spend at least $ 150,000 toward
converting all of the loading racks from top to bottom at its Port Allen bulk gasoline terminal on Kauai, which
will significantly reduce VOC emissions. This SEP was part of an $800,000 settlement with Chevron for failing
to install air pollution controls and limiting emissions at its Hilo and Kahului bulk gasoline terminals, and failing
to inspect and file reports on equipment leaks and wastewater systems at its Kapolei petroleum refinery.
Chevron has since installed air pollution controls to limit emissions at its Hilo terminal, will begin installing air
pollution controls at its Kahului terminal and has started an inspection program at its Kapolei refinery. This
settlement is expected to achieve an annual reduction of 230 tons of VOC.
Emergency Response and Water Recycling Project — Torrance, California
Mobil will spend $200,000 to purchase emergency response equipment for the Torrance Fire Depart-
ment and also spend $800,000 to study and implement water recycling at its southland facility. Recycling will
reduce the volume of wastewater released from the refinery and conserve water in our nation's thirstiest
metropolitan region. These SEP projects are part of a multimedia settlement EPA reached with the company
for violations of the Clean Water Act, Clean Air Act, Emergency Preparedness and Community Right to Know
Act and Superfund Law at its Torrance refinery. The Clean Air Act violations result from Mobil's poor main-
tenance of the essential controls on flare units. In addition to the SEPs, Mobil further paid a $500,000 penalty.
This settlement was reached in November 2000.
Emergency Response — Hawaii
Brewer Environmental Industries (BEI) in Hawaii agreed in September 2001 to provide supplemental
projects of at least $ 137,000 for equipment to be donated to the county fire departments in Honolulu, Kauai,
Maui and Hawaii (Big Island). The equipment was selected in consultation with each of the county fire
departments regarding their priority needs. The City and County of Honolulu Fire Department will receive
an estimated $ I 1,500 in equipment for such items as a tank patch kit. Estimated costs of equipment for the
other counties are as follows: Kauai County $26,500; Maui County $29,500; and, Hawaii County $69,500.
Among other items, the county fire departments in Kauai, Maui and Hawaii are each expected to receive
thermal imaging devices to be used by hazmat teams for determining volumes in tanks, seeing through smoke
and locating plume dispersions. The Hawaii County Fire Department will also receive personal protective
equipment and other items to be pre-deployed in Kona. This will enable a faster response by Hilo hazmat
responders who are authorized to fly to Kona in emergencies. The protective equipment will include splash
suits, air tanks and respirators.
"First Section / I2(r) Enforcement Action in Region 9"
These SEPs are part of a multimedia settlement EPA reached with the company for violations of the
Emergency Preparedness and Community Right to Know Act and Clean Air Act. The CAA violations
included failure to submit adequate risk management plans as required under Section I I2(r). The purpose
of I I2(r) is to prevent the accidental release and to minimize the consequences of any release of extremely
hazardous substances. BEI also paid a cash penalty of $98,796.
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STRATOSPHERIC OZONE PROTECTION PROGRAM
Sun Wise Initiative
The Sun Wise Initiative is another area of outreach in the Strato-
spheric Protection Program. This effort is used to educate and
distribute information on ozone depletion. What is it? What causes
it? How do we stop it? Information on its adverse effects, such as
skin cancer, and tips on how to address them and how to be safe in
the sun are some of the efforts.
Several of the activities in this effort include the following:
9 Sun Wise School Program (a selection of materials/activities that
teachers can use in classroom education)
9 UV Index Display (the UV index rating is displayed on the
jumbo screen at daytime baseball games)
9 Sun Wise Day (a day where information and sun screen are
distributed via informational booths at events)
hot, dry climate, this program affects almost all facilities located
EPA's Stratospheric Ozone Protection
Program is one of the few air programs that is
not delegable to state and local air districts.
This means that only EPA can implement and
enforce these regulations, which are designed
to prevent the destruction of the strato-
spheric ozone layer caused by emissions of
chlorofluorocarbons (CFCs), hydrochloro-
fluorocarbons (HCFCs) and other ozone-
depleting substances. These regulations cover
an enormous universe of sources, as any
facility that has air conditioning or refrigera-
tion is potentially subject to the regulations.
Since Region 9 covers the Southwest with its
here to some extent.
EPA has in recent years focused on large, national companies with facilities in multiple regions. These
companies often have industrial process refrigeration equipment containing more than 50 pounds of refriger-
ant, subjecting them to the leak-repair and record keeping requirements of the regulations. The first such large,
national case was brought against Meyer's Bakery, which has five facilities in four regions, including one in
Region 9. These facilities released thousands of pounds of CFCs through unrepaired appliance leaks. Opera-
tors did not conduct leak checks, complete service records or develop a retrofit or replacement plan for
leaking systems. EPA settled this case for $3.5 million on Sept. 6, 2000, and this settlement is expected to
reduce CFC usage at Meyer's by at least 10,000 pounds.
Air Liquide Settlement
Working together as a team, five EPA regions, led by
Region 8, quickly reached a national agreement with Air
Liquide, on June 21, 2001, to settle EPA's second CFC national
case. Air Liquide, a bottled gas manufacturer, has 22 facilities in
18 states, including 3 facilities in Region 9. EPA charged Air
Liquide with violations similar to Meyer's Bakery. The
settlement called for Air Liquide to implement significant
pollution prevention/reduction projects, including converting
all of its industrial process refrigeration systems from ozone-
depleting CFCs or HCFCs to systems using alternative, non-
ozone depleting refrigerants. The company will also fund an
environmental justice supplemental project that will benefit
a lower income, predominately minority community in Louisiana, and pay a $4.5 million civil penalty. This set-
tlement is expected to reduce CFC usage at Air Liquide by at least 30,000 pounds.
Environmental Justice Initiative — Oakland, California
The Stratospheric Protection Program has implemented several outreach and compliance assistance initia-
tives throughout the years. This past year the Stratospheric Protection Team developed an initiative that would
determine the rate of compliance in a geographic area and provide any needed compliance assistance materials.
Stahl unit at Air Liquide's facility in Tucson, Ariz.
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The team targeted 15 small refrigeration service/sales businesses in Environmental Justice areas of
Oakland, California. The team conducted site visits and found that almost all were in compliance. The only
minor discrepancy was in the area of record keeping. This issue was addressed by providing the businesses
with appropriate fact sheets and guidance.
AROUND THE REGION
Arizona: North Star Steel Company
On June 22, 2001, the state of Arizona announced that it had settled a complaint with the North Star
Steel Company for air quality violations at the company's Kingman steel mill. The $7.75 million settlement,
the largest enforcement action in the history of the state's air quality program, resolves the state's civil claims
against North Star Steel for constructing and operating the facility without a proper permit, installing and
operating unpermitted equipment, failing to test the facility in a timely manner and for multiple violations of
permit requirements.
Under the settlement, $2.75 million will be provided to the Mohave County Supplemental Environmen-
tal Project Revocable Trust for street paving projects in the Golden Valley area to reduce particulate pollution.
In addition to the monetary civil penalties, the settlement also provides that North Star Steel will publicly
apologize to the Kingman community, as well as retain an independent third party to conduct multimedia
compliance audits annually for three years at the company's Kingman mill and once at its other facilities with
electric arc furnaces.
On November 5, 2001, the company pleaded guilty to two criminal charges and agreed to pay $4 million
in fines and other penalties for allowing its Kingman steel-recycling plant to knowingly violate clean-air
standards. The $4 million to be paid by North Star includes $3.2 million in fines, $425,000 to establish
environmental enforcement training, $250,000 to reimburse the state for fees and investigative costs and
$ 125,000 in contributions to a road-paving fund in Kingman.
California: Applied Energy Services (AES), Alamitos Plant
The South Coast Air Quality Management District (SCAQMD) reached a $ 17 million settlement with
AES regarding violations of the Regional Clean Air Incentives Market (RECLAIM) program at its Alamitos
power plant. AES exceeded its year 2000 nitrogen oxide emissions allocation by about 685,000 pounds for
the third quarter of 2000 and was expected to exceed its fourth quarter allocations by about 500,000
pounds. Under terms of the settlement agreement, AES agreed to:
• Pay a total cash penalty to SCAQMD of $ 17 million;
• Install state-of-the-art air pollution controls on its three power plants;
• Operate its three power plants on the principle of "environmental dispatch" until all air pollution control
equipment is installed, using the cleanest units first and the dirtiest last to meet power demand;
• Deduct from its future year allocations this year's excess emissions; and,
• Purchase emission credits as needed to make up for this year's excess emissions.
AES and about 330 other Southland firms are governed by SCAQMD's RECLAIM program, which caps
each facility's NOx and SOx emissions at a set amount that declines each year until 2003. While facilities
should install pollution controls to keep emissions under their caps, facilities that exceed their caps can pur-
chase credits from others that have stayed under their limits.
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ANNOUNCEMENT
EPA Awards Contract to Native American-Owned Company
The U. S. Environmental Protection Agency announces the award of a contract to Portage Environmental Inc. (PEI) to help Indian
tribes develop and implement their own air quality programs. The three year contract, awarded on Sept. 17, 2001, is the first contract
awarded by EPA's Office of Air and Radiation (OAR) to provide assistance and support to Indian tribes as they begin to implement the
Clean Air Act. Portage Environmental Inc. is a Native American-owned firm located in Idaho Falls, Idaho. The company has provided
engineering and consulting services to Indian tribes and agencies of the federal government since 1992.
The company will provide a wide range of technical, analytical and administrative support activities to assess, protect and improve air
quality in Indian country. EPA's Regional Offices will work with individual Indian tribes and/or tribally-authorized consortia on projects
that will be developed through this contract vehicle.
This contract is but one of many efforts initiated by the OAR to help Indian tribes develop the infrastructure, technical expertise and
skills to develop, administer and implement their own programs under the Clean Air Act and the Tribal Authority Rule issued in 1998.
Contact Darrel Harmon, U. S. Environmental Protection Agency, 202-564-7416 (harmon.darrel@epa.gov) for further information.
Nevada: Clark County Health District Reorganizes
In early 2001, Christine Robinson assumed her responsibilities as the new director of the Air Quality
Division at the Clark County Health District. She replaced Michael Naylor who had held that position for
more than 20 years. Ms. Robinson came to the Air Quality Division from the Clark County Department of
Comprehensive Planning where she was the air quality planning manager. In August 2001, the Air Quality
Division was reorganized as the Clark County Department of Air Quality Management. This restructuring
placed the air planning and air enforcement and permitting functions under the rubric of the Clark County
Board of Commissioners.
Eagle-Picher Minerals Inc. Settlement
On Sept. 19, 2001 the Nevada Division of Environmental Protection/Bureau of Air Quality (NDEP/BAQ)
and Eagle-Picher Minerals Inc. (EPMI) agreed to an Administrative Stipulation and Order for the settlement of
thirty-six air quality violations issued to EPMI's Clark Plant and Colado Plant, located in Nevada. The settlement
agreement requires EPMI to pay a civil penalty of $90,000 and provide funds totaling $92,000 for two
Supplemental Environmental Projects. In addition, the agreement contained corrective action measures to
ensure compliance with air quality regulations.
NDEP/BAQ had ordered EPMI to conduct source tests at the Colado and Clark Plants after examination
of generic data submitted by EPMI that indicated emission limits had been violated. The 36 alleged violations
were confirmed by the source test results for exceeding the emission limits and failing to ensure process
emissions are controlled through the required air pollution equipment, as stipulated in EPMI's air quality
operating permits.
Hawaii: Asbestos Program Delegation
On February 15, 2001, the Hawaii Department of Health promulgated the state's new asbestos regula-
tions. The regulations combined the requirements of EPA's Clean Air Act Asbestos NESHAP program as well
as the asbestos certification and school requirements implemented under the Toxic Substances Control Act.
Asbestos contractors, workers and inspector/consultants will all be certified under the new program. The
Hawaii program is the first state/local program in Region 9 to include all EPA asbestos programs under one
regulatory authority. The program also combines existing OSHA requirements in a manner that allows
regulated industry and the public to comply with all asbestos regulations with the ease of working with one
regulatory agency.
COMMENTS — If you have any comments on this issue of the newsletter or interest in other compliance
topics, please contact: Duane James, Chief, Air Enforcement Office, (415) 972-3988, james.duane@epa.gov
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Clean Air
Compliance Update
U.S. EPA Pacific Southwest Region Air Division
(415)947-8715
www.epa.gov/region09/air
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