&EPA
United Slates
Environmental Protection
Agoncy
Region 6
Compliance Assurance and Enforcement Division
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*
A
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Message from the Director
If you've been at a meeting with one of EPA's enforcement
and compliance assurance programs in the last year, you've
probably heard us talking about NextGen—or perhaps the
more formal name, Next Generation Compliance. The Compli-
ance Assurance and Enforcement Division has long embraced
the concepts behind this national initiative, and we are fully
committed to working with our state and federal partners on
making rules easier to understand and implement, building in
greater transparency and accountability, using technology to
monitor environmental performance, and making reporting
easier and less expensive.
Throughout this report, you will find examples of NextGen in
action:
• A new hazardous waste targeting method that utilizes data mining to inform our targeting and pre-in-
spection preparation, which significantly improved our results this year.
• Use of helicopter flyovers and infrared cameras to investigate hydrocarbon emissions from oil and gas
facilities, at a lower cost and time investment than traditional monitoring methods.
• Clean Air Act enforcement settlements with Shell, Calumet, and Flint Hills Resources that require state-
of-the-art fence-line monitoring. The Shell settlement also makes the data available to the public weekly,
directly benefiting the surrounding communities.
• Water violators using in-stream real-time monitoring devices to monitor creeks and streams, using auto-
mated wireless notification technology to reduce or eliminate violations and speed up response.
• NetDMR, which enables facilities to submit discharge monitoring reports electronically, rapidly replacing
paper reports and streamlining the transfer of information.
As we focus on NextGen activities with the regulated community, we'll
also be embracing organizational improvement this year using Lean, a
systematic approach for identifying inefficiencies in our processes and
implementing solutions. "Ask Questions, Rethink Processes, Create So-
lutions," our focus statement for FY 2015, ties into this effort and calls
on all of us to make sure the work we're doing each day is contributing
value to the agency's mission.
I'm proud of the work we've done this year in partnership with federal
the air, water, and land cleaner in the communities we serve. Thank you to all of our employees—from our
expert technical staff to our dedicated administrative professionals—and ail the individuals and agencies who
helped make FY 2014 successful! I'm looking forward to a very successful year ahead.
Ask Questions,
Rethink Processes>
Create Solutions
, state, tribal, and local agencies to make
Page i CAED 2014 ANNUAL REPORT
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Contents
Results at a Glance 1
Key Performance Indicators 1
National Enforcement Initiatives 2
Regional Enforcement Priorities 3
Supplemental Environmental Projects 4
State Highlights 5
Air Enforcement 6
Hazardous Waste Enforcement 8
Water Enforcement 10
Other Region 6 Enforcement 12
National Environmental Policy Act 13
The Year Ahead 14
Vision
We will make environmental compliance commonplace to achieve clean air, water, and land.
Mission
To protect and sustain human health and the environment by ensuring compliance with Federal
environmental laws in partnership with states and tribes.
Values
Collaboration Integrity Excellence Service Respect
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OK
Results at a Glance
Using a full range of compliance and enforcement strategies and tools, we concluded over 300 actions
against environmental violators in fiscal year 2014, October 1, 2013 through September 30, 2014.
Direct Environmental Benefits *
Pollution Reduced, Treated, or Eliminated (Pounds)
Contaminated Soil/Debris to be Cleaned Up (Cubic Yards)
Contaminated Water to be Cleaned Up (Cubic Yards)
People Protected by Safe Drinking Water Act Enforcement
Stream Miles Preserved (Linear Feet)
Wetlands Preserved (Acres)
Toxic Chemicals & Pesticides Prevented from Misuse/Environmental Reiease( Pounds)
Underground Injection Wells Prevented from Leaking
Volume (gallons) of Untreated Discharge Eliminated
Volume of Oil Spills Prevented (Gallons)
66,092,000
120
.... 383,000
13,550
3,200
19
337,155
5,000
50,000
40,585,321
Investments in Actions and Equipment to Reduce Pollution and Protect the Environment (Injunctive Relief) $1,262,600,000
Investments in Projects that Benefit the Environment and Public Health (Supplemental Environmental Projects) $1,816,800
Civil Penalties Assessed
Administrative Penalties Assessed $5,595,000
Judicial Penalties Assessed $6,285,000
State/Local Judicial Penalties Assessed From Joint Federal-State/Local Enforcement Actions $2,191,250
Stipulated Penalties Paid $8,916,800
Civil Enforcement and Compliance Activities
Referrals of Civil Judicial Enforcement Cases to Department of Justice 6
Supplemental Referrals to DOJ 0
Civil Judicial Enforcement Case Conclusions 8
Administrative Penalty Order Complaints 163
Final Administrative Penalty Orders 164
Administrative Compliance Orders 137
Cases with Supplemental Environmental Projects 4
Compliance Monitoring Activities
Inspections/Evaluations 920
Civil Investigations 5
* Estimated
Key Performance Indicators
The Key Performance Indicators below are measures the agency's Office of Enforcement and Compliance Assurance monitors at the
national level to evaluate program effectiveness. As the figures for Region 6 indicate, our enforcement of federal environmental
laws and regulations has reduced pollution and decreased exposure to the communities in our region.
Key Performance Indicators
Region 6 Results
Pounds of pollution reduced
66,092,000
Voiume of contaminated media addressed
383,000
Number of civil case initiations
306
Number of civil case conclusions
309
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National Enforcement Initiatives
Preventing Animal Waste from Contaminating
Surface and Ground Water
In 2010, we started an enforcement initiative focusing on concentrated
animal feeding operations at horse racetracks, which often assume their
seasonal nature and intermittent horse population puts them outside the
regulatory framework. Wastewater and contaminated stormwater are
significant problems for the watersheds in which these CAFOs reside.
Addressing noncompliance with Clean Air Act New Source Review re-
quirements continued to be a focus in 2014. Through investigations and
enforcement reviews, we have evaluated noncompliance and met our
investigation goals for the sulfuric acid/nitric acid, glass, and cement
sectors, and are continuing to support settlement efforts for these sec-
tors. In addition, we are continuing our efforts to evaluate and address
noncompliance at coal-fired power plants in the region.
Cutting Hazardous Air Pollutants
Reducing Air Pollution from the Largest Sources
effective approach to MS4 audits by requiring facilities to conduct a self-
assessment prior to the actual onsite inspections. The self-assessments
focus on-site inspections on the most important aspects of each program,
reducing the amount of time in the field. We conducted a total of three
MS4 Phase I assessments and inspections. Additionally, three administra-
tive enforcement actions were issued to three MS4 facilities resulting in
$170,000 in injunctive relief and $69,000 in assessed penalties.
and their operations do not meet Clean Water Act requirements. Over
half of the CAFO racetrack operations we inspected had significant prob-
lems—they were unpermitted and often had uncontrolled animal waste
discharges. Of 13 inspections conducted, we have issued formal enforce-
ment actions to eight facilities and have addressed most of the major
problems found during the inspections. In 2014, we issued penalty orders
to several of these operations. As we work to close out these orders, we
continue to find problems with racetracks and the year-round training fa-
cilities that often operate nearby. To help these types of operations com-
ply with CWA requirements, we will be preparing a brochure in FY 2015
with operations and maintenance guidelines and visual examples of good
and bad management practices to control animal waste discharges.
Assuring Energy Extraction Activities Comply with
Environmental Laws
We have continued to look at gas processing facilities as part of the Na-
tional Energy Extraction Initiative. Our efforts have been focused on com-
pliance with the Clean Air Act and Clean Water Act in the Barnett Shale
formation, East Texas, the Eagle Ford Shale play of South Texas, and gas
production areas in Oklahoma. In FY 2014, we completed 46 inspections
and resolved 10 enforcement cases under the CAA. Under the CWA,
we conducted 38 inspections and addressed violations at 3 facilities
through enforcement actions.
Because of the large number of facilities within our region, we rely heav-
ily on risk-based targeting to prioritize compliance evaluations and en-
forcement activities. Using a NextGen approach that incorporates emis-
sions modeling and risk assessment, evaluation of process upset data,
assessment of permit exceedances, and evaluation of data within the
Toxic Release Inventory, we conducted evaluations at six facilities and
closed out one "no further action" case. We have also been successful
in reviewing consent decree requirements based on acid gas and tail gas
flaring.
Keeping Raw Sewage and Contaminated Storm-
water Out of Our Nation's Waters
Addressing sanitary sewer overflows continues to be a high priority for
our region. Excessive bacteria and pathogens are the most significant
surface water quality impairments in our region. Our region currently
has 73 wastewater treatment systems with average daily flows exceed-
ing 10 million gallons per day, which have been the primary focus of the
SSO national initiative. Of these systems, 98.6 percent, including 142
satellite systems, have been addressed through the review of existing
municipal implementation plans, issuance of orders by Region 6 or our
state partners, negotiated civil judicial settlements, and initiated federal
enforcement actions. In 2014, consent decrees were entered for San
Antonio, Texas, and Shreveport, Louisiana. We
issued administrative orders to Albuquerque,
New Mexico, and the City of Denton, Texas.
We will continue to work with municipali-
ties and our state partners to address the
remaining system.
In 2014, as part of the Municipal Separate
Storm Sewer System (MS4) National Enforce-
ment Wet Weather Initiative, we developed a more
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National Enforcement Initiatives
Reducing Pollution from Mineral Processing
Operations
in 2014, Region 6 worked with the Department of Justice, EPA's Office of En-
forcement and Compliance Assurance and the Louisiana Department of Envi-
ronmental Quality to address compliance issues at several phosphate fertilizer
plants in Louisiana,
Regional Enforcement Priorities
Air Enforcement
Preventing Releases of Extremely Hazardous
Substances
Addressing accidental re-
leases from industrial facili-
ties was an expanded area
of focus for FY 2014 follow-
ing our work in FY 2013 to
develop an investigatory
and settlement approach
utilizing the general duty
clause, with the goal of in-
vestigating and expeditious-
ly addressing these releases
within 60 days. We believe
this effort is already sending
a strong message to industry and nearby communities that EPA takes
these releases seriously. We also increased our risk management plan in-
vestigations and enforcement at high-risk facilities. We have the largest
number of high-risk facilities nationally, and ensuring that these facilities
are in compliance with their plan is a significant concern to communi-
ties at the fence-line. Additionally, we are increasing our communication
with fence-line communities and are encouraging community-focused
projects as part of our settlements.
In FY 2014, we continued implementation of the innovative Clean Air
Act general duty clause process, and increased the utilization of third
party audits as part of GDC settlements. Many non-risk management
plan facilities are not knowledgeable of risk management principles.
The use of third party audits will increase facility awareness of process
hazards. We issued four administrative orders on consent that require
compliance with the GDC, and we filed 11 consent agreements and final
orders to settle GDC and RMP violations, which netted $804,904. We
also filed one complaint and notice of opportunity for hearing against
Citgo Refinery Corpus Christi, Texas. These cases involved a range of inci-
dents, including fires, explosions, hazardous substance releases, deaths,
and injuries. We are committed to continuing this innovative program to
quickly address incidents as they occur in the region.
New Source Review Initiative - Carbon Black
In 2014, we concluded EPA's first settlement with a carbon black manu-
facturing plant as part of the agency's New Source Review (NSR) investi-
gations of all carbon black manufacturing plants in the United States, a
national enforcement initiative aimed at reducing air pollution from the
largest sources (see First Settlement with Carbon Black Manufacturer on
page 6). Under the national initiative, we have conducted 11 inspections
and issued six notice of violations
to companies located in Louisiana
and Texas. Of the 15 carbon black
facilities in the United States, 12
are in Region 6.
Petroleum Refinery Consent Decree Compliance
Ensuring that companies follow through with settlement commit-
ments is a high priority for the region. As a result of the successful
national Petroleum Refinery Initiative, we have been tracking and
responding to consent decree deliverables from flaring events at 44
refineries located throughout the region. This year, we completed 31
responses to root cause failure analysis reports required under the
decrees for acid gas, sulfur recovery plant tail gas, and hydrocarbon
flaring events. These reviews resulted in the assessment and collec-
tion of over $8,754,697 in stipulated penalties, mostly as a result of
an $8.75 million penalty paid by Total (see Consent Decree Viola-
tions Result in $8.75 Million Penalty on p. 7).
Hazardous Waste Enforcement
Illegal Hazardous Waste Management Practices
According to hazardous waste management data, over 60 percent
of the hazardous waste in the U.S. is generated in Region 6-over
22 million tons annually. We have mined "cradle-to-grave" data to
target and develop compliance investigations. Data from the Bien-
nial Reporting System, for example, are easily sorted and show what
appear to be violations of RCRA notification requirements (such as
conditionally exempt small quantity generators that are really large
quantity generators). Data from BRS and other sources also show
hazardous waste going to unauthorized facilities and traveling on
bills of lading rather than manifests.
The facilities we selected for investigations this year came directly
from or were informed by our data mining effort. Close to 65 per-
cent of our field investigations confirm significant violations, leading
to enforcement. This change is an upward trend in the number of
enforcement actions resulting from on-site inspections. Along with
the results from our on-site inspections, half of our FY 2014 final
enforcement actions came directly from the data reported by com-
panies and did not require going to the field.
In 2014, we also improved our investigations and introduced a
streamlined enforcement process. We issued eight consent agree-
ments and final orders with penalties ranging from $42,000 to
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Regional Enforcement Priorities
$143,000 in cases where the data alone supported enforcement ac-
tions.
Hazardous Waste Investigations
This year we conducted 12 on-site compliance evaluation inspections
and four on-site focused investigations. We also conducted off-site
investigations, issuing 20 information requests and conducting 10
show cause meetings based upon the data reported by companies.
at five facilities suspected of violating hazardous waste storage, treatment,
and/or disposal requirements. Compliance concerns included receipt of
unauthorized waste streams, operation of unpermitted units, and releases
to the environment.
In 2014, our brine program continued its efforts to protect the environ-
ment by issuing 24 administrative orders, six administrative penalty orders
totaling approximately $82,200, and six consent agreements and final or-
ders. We reduced and treated approximately 1,312,044,000 pounds of
water pollutants. Additionally, we worked with the Water Quality Division
on the Coastal General Permit for produced water dischargers in Texas and
continued strengthening our relationship with the Texas Parks and Wild-
life Kills and Spills Team. We are leading the way in NextGen innovative
technologies, such as working with violators to use in-stream real-time
monitoring devices to monitor creeks and streams with automated wire-
less notification technology to reduce or eliminate violations and speed up
response. This new approach is being used by OECA's NextGen group as an
example listed in the Best Practices Manual they are developing.
Water Enforcement
Brine Program
Generators
The 2011 BRS data showed that many conditionally exempt small
quantity generators were actually large quantity generators. In addi-
tion, we found large numbers of generators that should be reporting
but are not. Beyond their failure to properly notify, most of these
generators also failed to meet the other applicable requirements,
such as proper storage, contingency planning, and worker training.
The data also showed generators shipping to unauthorized facilities.
Illegal hazardous waste treatment and disposal
This year we conducted on-site compliance evaluation inspections
Supplemental Environmental Projects Highlights
Enforcement Name
Final
Order
Enter Date
Description
Category
SEP Cost
State
Primary Law
TT Barge
09/25/2014
Improve environmental performance at the wastewater
treatment facility and reduce the amount of hazardous
waste transported through a nearby neighborhood.
Equipment-Technol-
ogy Modification
$307,674
LA
Resource Con-
servation and
Recovery Act
Shell Oil Deer Park
06/06/2014
Fence-line open path air monitoring system at covered
facilities.
Reduce diesel emissions from school buses and/or non-
school bus publicly owned vehicles in the vicinity of the
covered facilities.
Public Health
Pollution Preven-
tion/Equipment-
Technology
Modification
$1,000,000
$200,000
TX
Clean Air Act
City of Albuquerque
05/30/2014
Pilot retrofitting the open common area of the parking
lot with permeable pavement in the parking stalls in the
Pino Yards Municipal facility in Albuquerque
Pollution Reduction
$61,000
NM
Clean Water Act
Calumet Shreveport
Lubricant & Waxes
11/07/2013
Install 32 fence-line air monitoring devises.
Public Health
$248,000
LA
Clean Air Act
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State Highlights
Maintaining strong relationships with our state partners is essential |\|ew MexiCO
to implementing an effective compliance assurance and enforce-
ment program. We continue to build on that partnership through
frequent face-to-face meetings with each state's enforcement direc-
tors and management team and through staff-level monthly meet-
ings to coordinate inspections and enforcement priorities and issues.
This team approach brings us closer to the ultimate goal of providing
cleaner air, water, and soil, and healthier communities.
Environment
The State Review Framework evaluations are continuing, with Round
3 to be completed for all states by the end of 2017. While we con-
duct inspections in each of the Region 6 states, most of the inspec-
tions and enforcement actions are conducted by the state agencies.
Arkansas
ADEQ
evaluation for the City of Albuquerque,
was finalized.
Round 3 of the State
Review Framework
of the New Mexico
Environment De-
partment's Air and
RCRA programs
began in FY2013.
The report is near
completion, and the
delegated for the CAA program,
In 2014, NMED pursued substantial enforcement actions at Frontier
Field Services ($938,291), Enterprise Field Services ($340,712), Cono-
coPhillips Company ($189,658), Western Refining ($103,200), Clariant
Corporations ($96,002), and Regency Field Services ($69,312).
Oklahoma
Round 3 of the State Review Framework began in FY2014 and
the draft report has been completed. Region 6 will be working
with OECA and ODEQ to finalize the report by 2nd Quarter FY15.
Round 3 of the State Review Framework evaluation of the Arkansas
Department of Environmental Quality's inspection and enforcement
programs began in late 2014, with the on-site file reviews scheduled
for November - December 2014.
In FY 2014, ADEQ pursued significant enforcement with Streets Per-
formance Inc. ($120,000), Plant Maintenance Service ($16,750), and
Arkansas Electric Cooperative Corporation ($6,000). In addition, in
Crittenden County, which is in nonattainment for ozone, the state
concluded 33 cases that dealt with Vapor Recovery System instal-
lation/maintenance and recordkeeping ($54,000). ADEQ also part-
nered with EPA in a settlement with Arkansas Egg and received a
portion of the penalty.
Louisiana
This year, ODEQ pursued
substantial enforcement
actions at the City of
Blackwell ($31,000), City
OKLAHOMA
DEPARTMENT OF ENVIRONMENTAL QUALITY
of Sallisaw ($12,000), Hol-
ly Refining & Marketing
Tulsa LLC - ($20,000), and ODOT VHP Bridge B ($18,000). In addition, as
part of a national settlement with LSB Industries, ODEQ partnered with
EPA, receiving a portion of the penalty addressing the Pryor Chemical
Company facility ($206,250). Also, ODEQ's hazardous waste program
is developing an outreach program for small quantity hazardous waste
generators in an effort to improve compliance rates with these busi-
nesses.
DEQ
LOUISIANA*
Round 3 of the State Review Frame-
work of the Louisiana Department of
Environmental Quality's inspection and
enforcement programs will be conduct-
ed in FY 2016.
This year, LDEQ pursued substantial
enforcement actions at Cabot Cor-
poration ($682,500 as a co-plaintiff
with EPA), Offshore Specialty Fabri-
cators, LLC ($225,000), Rain CI I Carbon, LLC ($87,000), Thoma-Sea
Marine Constructors, LLC ($81,500), Enterprise Gas Processing, LLC
($71,000), and International Paper ($25,000). Louisiana also part-
nered with EPA in two other settlements, receiving a substantial
portion of the penalties: City of Shreveport ($325,000) and Lisbon
Refinery ($65,000).
Texas
Round 3 of the State Review Framework evalua-
tion of the Texas Commission on Environmental
Quality's inspection and enforcement programs is
targeted for FY 2017.
In 2014, TCEQ pursued substantial enforce-
ment actions at CES Environmental Service
($3,234,162), Lucite BeaumontSite ($89,169), City
of Queen City WWTP ($81, 400), City of Yorktown
WWTP ($51,030), and Nytex Automatic Products
($10,200). In addition, Texas partnered with EPA in the settlement with
the City of San Antonio and received a substantial portion of the penalty
($1.3 million).
TCEQ
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Air Enforcement
In 2014, we continued to focus our investigatory efforts on the region's
most significant environmental noncompliance issues. We issued 28 in-
formation requests and conducted 159 on- and off-site evaluations to
determine compliance with New Source Review, air toxics, and energy
extraction regulations. We also continued our efforts at facilities where
explosions or fires have occurred, utilizing the general duty clause of the
risk management plan requirements.
We continued working with OECA to develop an expedited administra-
tive penalty process for those flares and excess emissions identified un-
der the national Air Toxics Initiative. We explored new areas of non-
compliance impacting Region 6 communities by identifying excess
emissions at flares, tanks, and loading terminals. We were able to meet
or exceed ail of our commitments while issuing over 66 alternative mon-
itoring plan responses, applicability determinations, regulatory interpre-
tations, and related matters.
We continued to focus our inspection resources on Clean Air Act Title
V risk management plan requirements to reduce the risk of chemical
accidents, explosions, and spills. Our goal is to swiftly address non-
compliance in order to prevent and reduce the potential for accidents,
explosions, and releases.
First Settlement with Carbon Black Manufacturer
EPA and the Department of Justice finalized the first Clean Air Act settle-
ment with a ccarbon black manufacturer, Cabot Corporation, following
the agency's New Source Review investigations of carbon black manu-
facturing plants. The investigations were part of a national enforcement
initiative aimed at reducing air pollution from the largest sources. The
agreement with Cabot, the second largest carbon black manufacturer in
the U.S., will significantly reduce air pollution from three carbon black
manufacturing plants in Franklin and Ville Platte, Louisiana, and Pampa,
Texas. Cabot has agreed to pay a $975,000 civil penalty and spend an
estimated $84 million on injunctive relief that will require installing state
of the art technology to control harmful air pollution. These measures
are expected to reduce NOx emissions by approximately 1,975 tons per
year, S02 emissions by approximately 12,380 tons per year, and signifi-
cantly improve existing particulate matter controls. This settlement also
requires that Cabot spend $450,000 on environmental mitigation proj-
ects, which include energy saving and pollution reduction projects that
will benefit communities surrounding the facilities. The Louisiana Depart-
ment of Environmental Quality is a co-plaintiff in the case and will receive
$292,500 of the civil penalty.
Agreement to Install Flare Gas Recovery First of Its Kind
Shell Oil Company, Deer Park Refining Limited Partnership, and Shell
Chemical LP agreed to a settlement for their Deer Park, Texas, facility—
which includes the 11th largest petroleum refinery in the country—that
will eliminate over4,500tonsof harmful emissions peryearthrough more
efficient flare operations. The chemical plant at the facility produces
about 8,000 tons per day of products that include ethylene, benzene,
toluene, xylene, phenol, and acetone, and Shell's agreement to recover
and recycle waste gases through flare gas recovery at this plant is a first of
its kind. The agreement requires reducing the amount of waste gas sent
to flares and improving flare operations, both of which reduce toxic emis-
sions. The agreement is the most recent in a series of national settlements
that require industrial facilities to install instruments and monitoring sys-
tems to ensure that gases sent to flares are burned with high efficiency
and minimized emissions. Shell will spend approximately $1.2 million to
reduce and monitor air pollution, pay a civil fine of $2.6 million, and spend
between $15 and $60 million on environmental mitigation projects. Shell
has agreed to install a state-of-the-art automatic system to monitor ben-
zene levels at the fence-line of the refinery and chemical plant near a
residential neighborhood and school and to make the data available to
the public weekly through a website. Within 6 months of the monitor be-
ing operational, Shell will investigate the onsite sources potentially caus-
ing monitoring results meeting certain criteria.
Fence-line Monitoring, Gas Recovery at Port Arthur Facility
Our consent decree with Flint Hills Resources in Port Arthur, Texas, settled
claims that FHR violated several CAA requirements, including failure to
operate flares in a manner consistent with good air pollution control prac-
tices. The agreement requires FHR to install a flare gas recovery system
to recover potentially recoverable gas directed to the covered flares, to
meet a 98 percent combustion efficiency at all times when waste gas is
vented to all flares, and to install a fence-line monitoring program. The
fence-line monitoring program requires FHR to maintain and operate two
existing fence-line monitoring stations. An exceedance of an action level
will result in an immediate notification to FHR's process control console,
and within 24 hours, will initiate an investigation to identify the source
of the exceedance. FHR is required to post air monitoring semi-annual
reports containing fence-line monitoring data on-line at the same time it
submits them to EPA, and to post to a publicly-available website site the
data collected by the fence-line monitoring stations for the prior week.
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Air Enforcement
Follow up from Helicopter Inspections at Oil and Gas
Facilities
In 2014, we met with several facilities identified as having leaks dur-
ing our 2013 aerial surveillance of
oil and gas facilities along the Eagle
Ford Shale located in and around
San Antonio, Texas. The helicopter
flyovers utilized an infrared camera
to investigate volatile organic com-
pound air emissions, and we were
able to review 95 sites and found 238
leaks. After reviewing and aerial sur-
veillance data and evaluating it for
noncompliance, we are meeting with companies to discuss the actions
they have taken to address the emissions captured on the infrared cam-
era videos, and to determine if additional measures are needed to bring
the facilities into compliance.
Consent Decree Violations Result in $8.75 Million Penalty
with a value of at least $248,000, will include 32 additional sensors cov-
ering all sides of the perimeter of the facility and monitor for hydrogen
sulfide, sulfur dioxide, and flammable gas lower explosive limit. Calu-
met will also continue to host quarterly community meetings with local
citizens to discuss environmental concerns and the results of the fence-
line monitoring.
Baton Rouge Facility to Pay Penalty for Failure to Implement
Safe Work Practices
Settlement Addresses Release of Hydrochloric Acid Injured
Contractor
In November, EPA entered a consent decree amendment TOTAL Petro-
chemicals Port Arthur Refinery to settle violations of requirements in the
original consent decree for benzene waste operations, sulfur recovery
units, flares, and fluidized catalytic cracking units discovered during EPA's
review of reports submitted by TOTAL. The amendment extended the pe-
riod of compliance with the benzene waste operations annual limit by
two years, implemented an internal CD Compliance Task Force, and re-
quired a third-party auditor to assess compliance with the CD.
EPA and Rubicon, LLC filed a consent agreement and final order to
resolve alleged CAA violations stemming from a December 13, 2013,
release of hydrochloric acid that injured a contractor and caused a
shelter-in-place at nearby facilities. Rubicon agreed to pay $33,000 to
resolve the alleged violations.
Texas Facility Pays Penalty Following Chemical Reaction
and Fire
Risk Management Plan Violations at Louisiana Piant
EPA filed a consent agreement and final order against ExxonMobil Re-
fining and Supply Company resolving Risk Management Plan violations
at its refinery in Baton Rouge, Louisiana. The violations included failure
to annually certify operating procedures and failure to develop and
implement safe work practices to provide for the control of hazards
during opening process equipment or piping. ExxonMobil will pay a
civil penalty of $120,000.
Calumet Shreveport Lubricant and Waxes, L.L.C., a crude oil refinery and
petroleum products facility, will expand a fence-line monitoring system
to increase awareness of toxic air releases and pay a civil penalty of
$326,000 to settle
nine violations of
the CAA's Risk Man-
agement Plan rule
related to past ex-
plosions and the
facility'semergency
response program.
The fence-line
monitoring system,
a Supplemental En-
vironmental Project
After conducting an investi-
gation into a fire that start-
ed during the cleaning of a
concrete slab on April 25,
2013, EPA filed a consent
agreement and final order
against International Paper
Company - Texarkana Mill,
located near Oueen City,
Texas. Calcium hypochlo-
rite was used to clean the
concrete slab and came into
contact with a weak tur-
pentine and water solution,
which resulted in a chemical reaction and fire. International Paper paid
an administrative penalty of $30,000.
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Hazardous Waste Enforcement
We sharpened the focus of our investigations this year, leading to greater
enforcement results per investigation—65 percent of our on-site inspec-
tions revealed actionable violations. We also discovered violations using
data mining and issued enforcement actions without on-site inspections.
As a result, we doubled the number and outcome results of our enforce-
ment actions compared to FY 2013 without increasing on-site inspection
levels. In 2014, we issued 18 final administrative penalty orders and two
administrative orders, and we entered one judicial consent decree.
New Data Mining Approach Identifies Violations by Gen-
erators
Our review of Biennial Reporting System data found several companies
that shipped large quantities of hazardous waste but continued to no-
tify as small quantity or conditionally exempt small quantity generators.
Further investigation revealed that most of these companies also failed
to meet the requirements for contingency planning, worker training, and
proper storage. We addressed the notification violations and failure to
meet the other applicable generator requirements with consent agree-
ments and final orders assessing penalties and requiring that the com-
panies certify that procedures were in place to comply with all the ap-
plicable generator requirements.
Facility
City, Texas
Date Issued
Penalty
Leading Edge Aviation
Amarillo
6/18/2014
$70,840
Southern Metals Processing Co.
Beaumont
7/2/2014
$42,510
Aircraft Ducting Repair, Inc.
Longview
9/24/2014
$143,992
Dril-Quip, Inc.
Houston
8/26/2014
$94,900
Micron Industries, LLC
Garland
9/18/2014
$111,500
Quadrant Chemical Corporation,
McKinney
9/30/2014
$80,000
Rentech Nitrogen Pasadena, LLC
Pasadena
9/25/2014
$88,490
PVC Producer Settles for Violations of RCRA, CWA, and
EPCRA
EPA issued a multimedia consent agreement and final order to Shintech
of Freeport, Texas, the largest producer of polyvinyl chloride in the U.S.,
for failure to comply with the generator standard requirements of RCRA,
for discharging pollutants in excess of its CWA permit, and for failure to
comply with the re-
porting require-
ments of EPCRA. In
2013, Shintech dis-
closed compliance
issues related to
hazardous waste
generation, and fur-
ther investigation by
EPA revealed viola-
tions of RCRA, CWA
and EPCRA require-
ments. The order
required full compli-
Aerial photo of Sintech's facility ance anc| imposed a
total penalty of $651,768.00 (RCRA $414,948, CWA $64,000, and EPCRA
$172,820).
Importer of Hazardous Waste Fails to Comply with RCRA
Requirements
Through our data mining work, we discovered that Residues Industrials
Multiquim, S.A. de C.V., an importer of hazardous waste, failed to comply
with the applicable generator requirements, including RCRA 3010 notifi-
cation, hazardous waste manifesting, foreign waste shipment reporting,
and biennial reporting. As a result, we issued a consent agreement and
final order that required RIMSA to comply with those requirement and
imposed a penalty of $121,120.
Port Allen Facility Pays Fine for Hazardous Waste Storage
and Management Violations
We filed a consent agreement and final order against TT Barge addressing
RCRA violations associated with storage and management of hazardous
waste. Inspections revealed violations that included releases of hazard-
ous waste (benzene), storage without a permit, and failure to complete
hazardous waste shipment documents. The order required TT Barge to
take action to eliminate releases of hazardous waste, ensure adequate
worker training, and remove and properly dispose of illegally stored haz-
ardous waste or apply for a permit. It included a penalty of $102,588
and a Supplementary Environmental Project valued at $307,674 for a
wastewater treatment facility to improve overall environmental perfor-
mance and reduce the amount of hazardous waste transported through
a nearby neighborhood.
Illegal Waste Treatment at El Dorado, AR, Facility
We issued a consent
agreement and final
order to Clean Har-
bors for failure to
make a hazardous
waste determina-
tion on the waste
sludge generated
from the incinera-
tion of a wide vari-
ety of listed and
characteristic haz
ardous wastes, failure to obtain a permit to store and treat the sludge
and related equipment, and failure to replace the spent carbon canister
used in the control of air emissions. The order requires Clean Harbors to
pay a penalty of $581,236, to apply for a modification of the existing
permit, and to comply with the applicable regulations.
Violations of Hazardous Waste Storage Requirements
Near Residential Community
After a facility fire in
2012, EPA investigated
Nexeo Solutions, LLC in
Garland, Texas, and
found that the facility
was storing wastes to-
gether that had the po-
tential for violent reac-
tion. The company,
which is located near a
J 1
1 li - j
residential community, also failed to submit critical permit modifica-
Page 8 CAED 2014 ANNUAL REPORT
-------
Hazardous Waste Enforcement
tions, comply with permit conditions, meet safety-related facility stan-
dards, and meet minimum training requirements. In June, we issued a
consent agreement and finai order to Nexeo for the company's failure to
comply with hazardous waste storage requirements and assessed a pen-
alty of $374,058.
RCRA Corrective Action Program
We filed a consent agreement and final order under RCRA requir-
ing site clean-up at Chalmette Refining in Chalmette, Louisiana, in
support of the Government Performance and Results Act RCRA
clean up goals. The order requires implementation of site-wide
corrective action measures, including groundwater recovery and
treatment. Groundwater monitoring will continue under the or-
der until clean up levels are attained.
Federal Facilities Compliance
Annual Federal Facilities Conference
On June 25-26, 2014, representatives from 32
Federal Facilities attended the Annual Federal
Facilities Conference hosted by Region 6. This
yearthe conference showcased major Adminis-
trator themes - Next Generation Enforcement,
Greenhouse Gas reduction, and Sustainability
(Federal Green Challenge). In addition to these
overarching topics, facility representatives
were also able to discuss facility and program-
specific areas of interest and concern.
Abandoned Explosives at U.S. Army Former Explo Systems
Site
We issued a unilateral
administrative order
to the Department of
Army in March in re-
sponse to the threat
posed by millions of
pounds of abandoned
explosives at Camp
Minden, Louisiana. In
October 2012, a mag-
azine containing high explosives blew up at Explo Systems and shattered
windows four miles away. Ensuing investigations by EPA and the State of
Louisiana found high explosives stored illegally were posing an immi-
nent and substantial endangerment to the surrounding communities. In
addition to Explo Systems, other responsible parties were identified, in-
cluding the Department of Army. The order issued to the U.S. Army re-
quires it to eliminate the imminent and substantial endangerment
posed by some 15 million pounds of M6 propellant that had been aban-
doned at the site. Work to remove the threat will continue into 2015.
Reactive Waste Improperly stored
Lead-Based Paint Violations
We issued a final administrative penalty order under the Toxic Substanc-
es Control Act's Lead-based Paint Renovation, Repair and Painting rule
to Manhattan Construction and Ark Wrecking. The two firms renovated
an elementary school built in 1929 and failed to obtain firm and reno-
vator's certification. The certification program is designed to minimize
the risk of workers and occupants being exposed to lead. Centers for
Disease Contro and Prevention data showed that the school was located
in an area where blood-lead levels in children were elevated. The order
assessed a $24,000 penalty.
AWARE
Page 9 CAED 2014 ANNUAL REPORT
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Water Enforcement
Our highest priority continues to be providing quality drinking water that
meets national health-based standards, working closely with our state
partners and tribal drinking water systems. In FY 2014, we issued over 30
drinking water administrative orders, which protected the health of over
13,000 people. The orders required monitoring and reduction or elimina-
tion of bacteria, arsenic, nitrate, and disinfection by-products (haloacetic
acid and trihalomethanes) from drinking water systems.
The protection of drinking water aquifers remains a high regional priority,
and we issued two administrative orders to properly control the disposal
of produced and flow back waters from oil and gas production activities in
the region.
With regard to surface waters, we issued over 70 administrative orders and
14 administrative penalty order complaints to address water quality prob-
lems caused by sewage treatment facilities, animal feeding operations, in-
dustrial facilities, inadequate storm water control, and land-based oil and
gas production facilities.
We had a very successful year ensuring the waters and communities in our
region are protected. To achieve compliance, we issue the largest body of
administrative enforcement actions in the nation—over 20 percent of the
national water program enforcement actions. Our public water supply ad-
ministrative actions accounted for over 50 percent of the total injunctive
relief required by EPA actions nationally. Our effective and collaborative
working relationships with our state partners, usage of the Enforcement
Targeting Tool for drinking water systems, and NextGen tools, coupled with
the sustained commitment of staff and counsel, enabled us to continue to
reach our goai of making our region a healthier place to live despite expe-
riencing a 20 percent loss of expert staff with over 160 years of program
experience.
Shreveport Sanitary Sewer Overflow Problems Addressed
in Consent Decree
The City of Shreveport, which reported 850 sanitary sewer overflows
since June 2005 and violated the terms of its Louisiana Pollutant Discharge
Elimination System (LPDES) Permits, agreed to pay a $650,000 penalty, to
be divided evenly between the U.S. and Louisiana, to settle violations of
the Clean Water Act. The city will conduct a comprehensive assessment
of its sewer collection system regarding condition and capacity and will
repair and rehabilitate as needed. It also agreed to implement a program
to improve maintenance of its sewer collection system. The estimated
cost for all this work is $342 million over the next 12 years.
New Orleans Agreement Continues to Address Sewer System
Work More Efficiently
The Sewerage and Water Board of New Orleans entered a third modified
consent decree with EPA, the Department of Justice, and other parties
updating the original 1998 decree and the 2010 and 2013 modifications.
The agreement extends the schedule for the three basins not addressed
in the second modified consent decree, including the Mid-City, Carroll-
ton and South Shore Basins. The schedule, which had been impacted by
Hurricane Katrina damage in 2005, was modified to facilitate and coordi-
nate the rehabilitation of the sewer system, stormwater drainage system,
drinking water system, and road rehabilitation to obtain the most efficient
use of federal, state, and local funding.
Consent Decree to Control Sewer System Overflows in San
Antonio
In October 2013, we finalized a con-
sent decree with the San Antonio
Water System that resolves CWA vio-
lations due to sewer system over-
flows from collection system and vi-
olations due to exceedances of
effluent limitations of its NPDES per-
mits. The water system, which serves
about 1.3 million people, agreed to
conduct a comprehensive assess-
ment of its sewer collection system
regarding condition and capacity
and to implement a program to improve maintenance of its sewer collec-
tion system, at an estimated cost of over $1 billion. SAWS will also pay a
civil penalty of $2.6 million, split evenly between the U.S. and Texas. The
consent decree is the largest judicial settlement in Region 6 for violations
due to SSOs and other provisions of the CWA.
Page 10 CAED 2014 ANNUAL REPORT
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Water Enforcement
New Mexico Direct implementation of CWA
During FY 2014, we conducted inspections at eight major and 10 minor
NPDES facilities to determine compliance with their NPDES permits. In
addition, we issued administrative enforcement actions against 17 in-
dustries and municipalities, resulting in $314,000 in injunctive relief and
$179,000 in assessed penalties.
Multiple Parties Reach Agreement to Resolve EXPO New
Mexico CAFO Case
EPA's enforcement action at EXPO
NM required that the comingling
of process wastewater from the
concentrated animal feeding op-
eration with storm water runoff
from Albuquerque streets be
stopped. To conclude this agree-
ment, we worked through complex
issues with many parties, including
EXPO NM, a state agency that op-
erates the State Fair; the Downs, a tenant of EXPO NM that operates a
horse racing CAFO on State Fairgrounds; the City of Albuquerque, which
has an agreement with EXPO NM for storm water management infra-
structure on State Fair lands; neighborhood residents impacted by storm
water runoff mixed with the CAFO waste from overloaded street drain-
age; and the Albuquerque Metropolitan Arroyo Flood Control Authority,
which is responsible for managing storm water to protect public health
and safety. EXPO NM paid a penalty of $96,000 for past unauthorized
discharges, and the facility was required to obtain permit coverage under
the CAFO general permit to ensure future good practices. EPA's actions
have removed a significant source of bacteria and oxygen demand previ-
ously discharged to the Rio Grande.
Vernon Feeders - An Innovative Solution
EPA and the Department of Justice initiated a judicial enforcement ac-
tion against Vernon Feeders for an unauthorized discharge of manure
into Paradise Creek, which runs across the facility, but were not able to
conclude the case because the facility did not have the ability to pay for
the measures needed to stop the discharges. During this time, the facility
became inactive. In order to respond to the unique challenges this case
posed, we developed an innovative approach—we issued an administra-
tive order requiring the now inactive facility to obtain TCEQ CAFO permit
coverage if it ever again operates as a CAFO. The order will be formalized
in a deed restriction agreement and will be filed with the County Apprais-
al District office to warn the public about this requirement. The owner of
the facility has indicated it will operate only as a farm for growing crops
and no longer as a CAFO. This outcome resulted in better protection of
the environment.
EPA and BIA Update Operators Manual and Handbook for
Oil and Gas Operations in Osage County, OK
In 1997, EPA and the Bureau of Indian Affairs developed an operator's
manual that provided a clear language interpretation of the laws and reg-
ulations applicable to oil and gas operations in Osage County. This year,
EPA and BIA are updating the manual to incorporate statutory and regula-
tory requirements given changes in the law over the intervening years.
We have been soliciting input from the Osage Minerals Council, Nation
Representatives, identified stakeholder groups, and the public through a
series of stakeholder meetings. In addition to providing regulatory clar-
ity to the operators, the manual will serve as a resource for landowners
and the public on their rights under the laws and regulations. It will also
provide clarification on which agencies should be contacted in the event
someone has concerns regarding those oil and gas operations.
NetDMR Continues to be a Successful NextGen Tool
In 2009, NetDMR was developed to allow facilities permitted under the
National Pollution Discharge Elimination System (NPDES) program to
electronically submit discharge monitoring reports (DMRs) electronically.
Today, NetDMR is recognized as a national tool for electronic reporting,
which is rapidly replacing paper reports and creating many new opportu-
nities beyond simply streamlining the transfer of information. Electronic
reporting reduces costs associated with paper reporting and provides
regulators with more complete and timely data, allowing more effective
prioritization of monitoring and enforcement actions and therefore has
been deemed a very effective NextGen tool. We continue to support elec-
tronic submission of DMR data through continued training of the offshore
oil and gas industry, resulting in the electronic submission of over 20,000
DMRs. Currently, we lead the nation with 54 percent of electronic DMR
submission, totaling over 81,000.
Safe Drinking Water Act -
Electronic Tracking Tool (ETT)
ETT List Reductions in FY14
EPA Region 6 and its states have been
working together to improve drinking
water systems for its consumers. This
hard work is demonstrated in the last
set of the Electronic Tracking Tool
scores for total systems addressed or
resolved. Region 6 and its states have
addresses two and, in some cases,
three times the number of systems addressed by any other region. The
totals include systems returned to compliance and the issuance of formal
actions.
Region
Total Addressed or Resolved*
l
243
2
285
3
313
4
223
5
266
6
618
7
274
8
134
9
247
10
293
•These numbers include data up to March 31, 2014.
Page 11 CAED 2014 ANNUAL REPORT
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Water Enforcement
TX ETT Efforts and Successes
We have been actively addressing concerns with public water systems in
Texas to ensure safe drinking water and to address the large number of
systems with violations on the ETT list. By working with the Texas Wa-
ter Infrastructure Coordination Committee funding committee to assist
facilities in finding funds to address deficiencies, we have helped over 35
systems receive assistance this year. In addition, we have been address-
ing systems with priority noncompliance (arsenic, fluoride, nitrate, and
radionuclides) directly by issuing 13 administrative orders in FY 2014, for a
total of 213 orders since 2011. As of today, about 53 water systems have
returned to compliance and EPA has closed their Orders.
We are also working with Waco area systems and the Texas Water De-
velopment Board to address a number of systems with arsenic problems
(7 out of 16 systems). The systems will need to purchase property and
easements for approximately 90 miles of pipeline to connect to the City of
Waco's water system. Over 13,000 residents will receive cleaner drinking
water after corrective measures are implemented. The cost will be over
$50 million. Recently, a grant funding of $175,000 from the Texas Water
Development Board was awarded to enhance this project. Once compli-
ance is achieved through the EPA Orders, over 200,000 citizens in Texas
will be drinking water that meets national drinking water standards for
these chemical contaminants.
Casino; and 3) Zuni Pueblo/New Beginnings Program PWS. During these
inspections, the tribes were able to articulate the challenges they face in
operating and maintaining their PWSs. Region 6 interaction with the tribes
has built a relationship based on trust. R6 has Orders pending to address
violations at twelve Mescalero Apache Tribe PWSs for failure to install filtra-
tion and continuous disinfection along with numerous other deficiencies.
R6 is working closely with the Mescalero President and tribal representa-
tives to bring all twelve PWSs into compliance with the Safe Drinking Water
Act. The Regional Administrator, Enforcement senior managers, and the
Tribal Affairs Office have discussed the on-going violations and submission
of corrective plans to bring the PWSs into compliance.
Training/Assistance/Outreach Initiatives
National Multi-Media Inspection/Enforcement Training
Workshop
We hosted the Biennial National Multi-Media Inspection/Enforcement
Training Workshop in Dallas, Texas, in July for federal, state, tribal, and lo-
cal regulatory staff who work in the air, RCRA, and NPDES programs. Over
600 participants representing 21 states, 7 local agencies, 6 tribes and Indian
Nations Council of Governments, 8 EPA Regions, EPA Headquarters, and
EPA National Enforcement Investigations Center attended in person or by
webcast.
Tribal ETT
Months of work with BIA and Jones Acade-
my on an Agreed upon Order of Compliance
produced a good result for the students by
reducing trihalomethane in their drinking
water. The Academy's ETT score went from
84 to 0. Five tribal PWSs were returned to
compliance during FY 2014: 1) Zuni New Be-
ginnings, 2) Pawnee Nation, 3) Cherokee
Kenwood, 4) Laguna Route 66, and 5) Taos
Pueblo PWSs. These improvements were
made possible through consistent monitor-
ing and compliance tracking of the systems. R6 provided continuous con-
sultation and technical assistance in the effort to achieve compliance. R6
conducted five compliance inspections of Tribal PWSs in FY2014 to moni-
tor compliance with the SDWA regulations and protect public health: 1)
Cochiti Pueblo/Community & Silver Lake PWSs; 2) Jicarilla/Du Ice & Nugget
n
Other Region 6 Enforcement
Enforcement Wetlands Enforcement
Pesticides
In FY 2014, the pesticides enforcement team filed 29 formal enforce-
ment actions, including 23 administrative compliance orders. Six of
these orders had penalties, for a total of $33,750. Over 80 percent of
these actions resulted from the processing over 8,000 Notices of Arrival
of pesticides and devices. The work of the pesticides enforcement pro-
gram this year ensured that over 500,000 lbs of pesticidal products en-
tered U.S. commerce legally or were prevented from entering the U.S.
Toxic Release Inventory Enforcement
The Toxic Release Inventory program settled 18 enforcement cases in FY
2014. The total amount of all penalties for violations of the Emergency
Planning and Community Right-to-Know Act section 313 was $783,427.
In FY 2014, the wetlands enforcement program conducted 32 on-site
inspections, issued nine forma! enforcement actions, and collected $33,002
in penalties. In addition, we continued work with the Department of Justice
on a major ongoing referral. We are also one of the very few regions to have
an on-going wetlands enforcement action under the self-disclosure policy.
Violators spent an estimated $363,133 in compliance costs, primarily the cost
of wetland and stream restoration. Resolution of injunctive relief cases, in
combination with the penalty actions, provided direct protection to 149.85
wetland acres and 13,894 linear feet of streams. The deterrence effect, as
reported to EPA by the COE and other partners, protects many times these
amounts of aquatic resources.
Handling Discharges from Poultry Operations Brochure
IDENTIFYING AND CONTROLLING
Discharges From As part of EPA's Office of Enforcement and
Compliance Assurance's National Enforce-
ment Initiative for concentrated animal
feeding operations, we investigated poul-
try operations in a sub-watershed of the
Illinois watershed and developed a bro-
chure to provide information about the
most commonly observed violations of
the Clean Water Act along with suggested
Best Management Practices to address
J -ylik. these violations. The brochure has been
cited by EPA Headquarters as an effective
tool for communication regarding CWA noncompliance and an important
manual for the proper operation and maintenance of poultry operations,
and the Department of Justice used the document in its appeal of a case.
Page 12 CAED 2014 ANNUAL REPORT
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National Environmental Policy Act
National Environmental Policy Act/Section 309
NEPA requires federal agencies to consider the potential environmental
consequences of their proposed action and any reasonable alternatives
before deciding whether and in what form to take the action. NEPA com-
pliance may take three forms: a Categorical Exclusion, an Environmental
Assessment/Finding of No Significant Impact, or an Environmental Impact
Statement. The EIS requires the most intensive level of analysis and is ap-
propriate for actions that are expected to result in significant environmen-
tal impacts.
NEPA Coordination/Reviews
35
Draftand Final Environmental Impact Statements
4
EPA Special Appropriation Environmental Assessments/Find-
ing of No Significant Impact/Categorical Exclusion for drinking
water and wastewater projects
1
EPA/US Mexico Border EA/FNSI for Drinking or Wastewater
projects
267
EA Review from Other Agencies
This year, we reviewed 35 Draftand Final Environmental ImpactStatements
under section 309 of the Clean Air Act and the National Environmental
Policy Act, including substantial comment and concerns on three Liquefied
Natural Gas draft EISs: Cameron LNG Liquefaction Project in Louisiana,
and Freeport LNG Liquefaction Project and Phase II Modifications and the
Corpus Christi LNG Project in Texas.
We performed 267 additional CAA section 309 environmental reviews of
Environmental Assessments and Findings of No Significant Impact pre-
pared by other federal agencies, including the U. S. Housing and Urban De-
velopment Community Block Grant Program, the Department of Energy,
the Bureau of Land Management, the U.S. Army Corps of Engineers, the
Federal Highway Administration, the Federal Aviation Administration, and
the U.S. Department of Agriculture.
One of these EAs, from the Pipeline and Hazardous Materials Safety Ad-
ministration,, was for an application for a Special Permit/Requested Relief
of Certain Packaging Requirements for Highway Motor Vehicles relating
to the transport of precursor chemicals from Syria in Port Arthur, Texas.
Through intense collaborative efforts afforded through the NEPA review
process, the waste were destroyed without incident or impact to the local
community.
ENERGY
LNG Export Terminal Development
There are more than 110 Liquefied Natural Gas facilities operating in the
U.S.. Some export natural gas from the U.S., some provide natural gas to
the interstate pipeline system or local distribution companies, and others
are used to store natural gas for periods of peak demand. There are also
facilities that produce LNG for vehicle fuel or for industrial use. Depending
on location and use, an LNG facility may be regulated by several federal
agencies and by state utility regulatory agencies.
In Region 6, the Federal Energy Regulatory Commission is responsible for
authorizing the siting and construction of onshore and near-shore LNG im-
port or export facilities, and it also issues certificates of public convenience
and necessity for LNG facilities engaged in interstate natural gas transpor-
tation by pipeline. FERC prepares EAs or EISs for proposed LNG facilities
under its jurisdiction, and EPA Region 6, as a Cooperating Agency, provides
detailed scoping com-
ments to identify areas
of most concern to the
agency. There are cur-
rently 15 onshore and
offshore LNG terminals
for import or export
of LNG either existing
or proposed as poten-
tial export terminals in
Texas and Louisiana.
EPA to Improve Mitigation Follow Up
Special Congressional Appropriations Projects
In FY 2014, we conducted NEPA assessments on four special Congres-
sional appropriations projects involving approximately $1,262,550 in
federal funding support and directly benefitting approximately 123,000
local residents. The projects involved construction or rehabilitation/
renovation in Arkansas {City of Cabot wastewater), Louisiana (Assump-
tion Parish, Police Jury wastewater), and Texas (City of Baytown drink-
ing water, City of Leonard wastewater). EPA administers these projects,
which require a 55 percent match by the funding recipienct.
Border Water infrastructure
We conducted NEPA assessments on eight Border Environment Co-
operation Commission projects involving approximately $26,544,135
in federal funding support and directly benefiting approximately 293,
582 local citizens. The projects involved construction or rehabilitation/
renovation in New Mexico (City of Anthony wastewater, Camino Real
Regional Utility Authority for Sunland Park wastewater, Town of Mesilla
drinking water), Texas (El Paso County Water Control and Improvement
District for Cuadrilla Colonia wastewater, Lower Valley Water District
for Cotton Valley Estates in Socorro wastewater, and City of Tornillo
Arsenic Removal Facility drinking water), and Mexico (City of Camargo
Wastewater Collection wastewater, City of Reynosa Wastewater Col-
lection wastewater.
BECC construction projects are funded by the EPA Project Develop-
ment Assistance Program and administered by BECC. They require a
45 percent match by the funding recipient.
We are participat-
ing in the Office
of the Inspector
that EPA improve
roe*t mo
its efforts to follow
up on mitigation
h;.- • measures estab-
lished as result of
IIHKM I t W u" CHM1M 1*
¦ym/r- the NEPA process
MftUM 1/1 ^ ntn*LAV ft and documented in
H 9WUWI u
the Record of Deci-
sion. We have requested a written update from the Galveston District
Corps of Engineers on the status of the mitigation measures that were
agreed to and adopted in the Final EIS for the Bayport Container/Cruise
Terminal Project located in Harris County, Texas, and are awaiting the
Corp's response.
Page 13 CAED 2014 ANNUAL REPORT
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The Year Ahead
Air Enforcement
In FY 2015, we will continue to focus on noncompliance that Is impacting
communities and nonattainment areas, and we will increase our efforts
to improve the efficiency of our processes, working toward our primary
goal of returning facilities to compliance and securing emission reduc-
tions quickly.
We are moving forward in our plans to expand the use of our administra-
tive authorities. Historically, we have relied heavily on the judicial pro-
cess to secure compliance and injunctive relief for air enforcement, but
this process often involves multiple years of negotiation prior to settle-
ment. As we increase our use of administrative authorities, we will still
refer cases to the Department of Justice with complex, multi-year injunc-
tive relief schedules and multi-million dollar penalties.
We will continue to support the national enforcement initiatives relating
to New Source Review, but we will begin decreasing the number of new
investigations and focusing our efforts on resolving those cases already
referred to the Department of Justice.
With respect to air toxics, we are increasing our focus on addressing
flares in nonattainment areas and environmental justice communities.
We are also expanding our investigatory efforts focused on excess emis-
sions from storage tanks.
As oil and gas exploration expands rapidly in the region, we will continue
our investigatory focus on those areas with the most growth, the Eagle
Ford Shale and Permian Basin. We will continue our efforts to ensure
that these extraction activities are in compliance with air regulations, and
will utilize innovative technology, such as aerial flyovers, to evaluate and
address noncompliance in a timely manner.
Addressing accidental releases from industrial facilities will be continue
as an area of focus for FY 2015. We made great strides last year in devel-
oping an investigatory and settlement approach utilizing the general duty
clause, and will continue refining this process to improve efficiencies and
the timeliness of our actions.
We are also continuing our focus on risk management plan investiga-
tions and enforcement at high-risk facilities. We have the largest number
of high-risk facilities nationally, and ensuring that these facilities are in
compliance with their plan is a significant concern to communities at the
fence-line.
Hazardous Waste Enforcement
Over the next year, we envision a continued upward trend in enforce-
ment results from targeting, pre-inspection planning, and expanded
use of off-site investigations. We will focus our inspections and en-
forcement in sectors and facilities that are treating, storing, or dispos-
ing of hazardous waste illegally. We will also use our enforcement au-
thorities to advance RCRA corrective action at high-priority facilities.
In addition, we plan to work with Louisiana, the Office of Enforcement
and Compliance Assurance, and the Department of Justice, to resolve
compliance issues at phosphate fertilizer operations in Louisiana.
We plan to step up our inspec-
tions under the TSCA lead-based
paint Renovation, Repair, and
Painting rule, focusing on those
locations likely to have the
greatest impact upon children's
health.
Water Enforcement
The protection of drinking water again will continue to be our highest
priority in FY 2015. We will continue to work with our state partners
to ensure that all public water supply systems provide drinking water
consistent with national drinking water standards and the implement-
ing rules. It is anticipated that the water enforcement program may
need to issue over 30 administrative actions during FY 2015 to protect
drinking water.
Addressing sanitary sewer overflow discharges to surface waters also
continues to be a priority. We will focus our efforts on resolving exist-
ing judicial cases and dedicate resources to evaluating previously un-
addressed systems with average flows greater than 10 million gallons
per day. With the support of the Office of Enforcement and Compli-
ance Assurance and the Department of Justice, we will evaluate or
resolve problems with three to four large municipal sanitary sewage
collection systems in FY 2015.
The water quality problems posed by concentrated animal feeding op-
erations in Arkansas, Louisiana, and east Texas will remain the focus
of regional inspection and enforcement activities. We will continue
to work with Arkansas and Louisiana to develop effective mechanisms
for identifying and addressing water quality problems caused by CA-
FOs, and citizen complaints are also expected to result in identification
of water quality problems that will need to be addressed. We also
expect to carry out outreach efforts with producer groups, over 20
inspections, and issue six to eight enforcement actions in FY 2015.
We will continue to place emphasis upon inspection and enforcement
of National Pollutant Discharges Elimination System permits in New
Mexico to protect stream quality from excessive sewage or industrial
discharges. We will monitor underground injection of oil and gas pro-
add value to state compliance
We will use our resources as ef-
fectively as possible for greater
enforcement results, to support
national program priorities and
enforcement programs.
Page 14 CAED 2014 ANNUAL REPORT
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The Year Ahead
duction wastes and enforce as needed to ensure underground sources
of drinking water on tribal lands are adequately protected. We will
protect drinking water systems in Louisiana from ground water rule
violations. We will investigate and take enforcement actions against
unauthorized discharges of produced water or flow back water from
oil and gas production activities to the extent that resources allow. All
of these non-deiegated functions will require over 200 inspections and
are estimated to result in 20 or more enforcement actions.
Finally, addressing municipal, industrial, or construction-related storm
water problems will remain a priority, when water quality problems
develop or need to be prevented.
NEPA
In FY 2015, we will continue to oversee the regional NEPA program
by preparing documents, reviewing preliminary analysis, and provid-
ing comments on major federal actions. We have cooperating agency
agreements with many federal agencies, including the Federal Highway
Administration, Bureau of Land Management, Department of Energy,
and the U.S. Army Corp of Engineers, for numerous projects, which
will allow us early participation in the planning and development of
NEPA-related documents. We will continue to coordinate with these
agencies and others this fiscal year.
U.S. EPA, Region 6 Compliance Assurance and Enforcement Division
John Blevins, Director
Stacey Dwyer, Acting Deputy Director
Air, Toxics and Inspection Coordination Branch
Steve Thompson, Associate Director
Darrin Larson, Chief, Air Enforcment Section
Margaret Osbourne, Chief, Toxics Enforcement Section
Samuel Tates, Chief, Surveillance Section
Hazardous Waste Enforcement Branch
Mark Potts, Associate Director
Sunita Singhvi, Chief, Multimedia Enforcement Section
Guy Tidmore, Chief, Compliance Enforcement Section
Troy Stuckey, Chief, Corrective Action and Compliance Inspection Section
Water Enforcement Branch
Jerry Saunders, Associate Director
Paulette Johnsey, Chief, NPDES Compliance Section
Willie Lane, Chief, Water Resources Section
Carol Peters-Wagnon, Chief, NPDES Industrial and Municipal Section
Office of Strategic Planning and Analyses
Monica Smith, Acting Associate Director
Craig Weeks, Acting Chief, Office of Planning and Coordination
Page 15 CAED 2014 ANNUAL REPORT
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U.S. Environmental Protection Agency, Region 6
Compliance Assurance and Enforcement Division
1445 Ross Avenue (6EN) -0?
Dallas, Texas 75202-2733
epa.gov/region6/6en/index.html
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