vvEPA
Region 6
Compliance Assurance
and Enforcement Division
FY2012
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Contents
Results at a Glance 1
National Enforcement Initiatives 2
Key Performance Indicators 3
Regional Enforcement Priorities 4
Supplemental Environmental Projects 5
State Highlights 6
Air Enforcement 7
Hazardous Waste Enforcement 8
Water Enforcement 9
Other Region 6 Enforcement 10
National Environmental Policy Act 11
The Year Ahead 13
Mission
To promote compliance with Federal environmental regulations in partnership with our
states and tribes
Vision
To make environmental compliance commonplace and establish a culture that promotes
going beyond compliance through collaboration, innovation and partnership
Values
Teamwork Open Communication Professionalism
Integrity Creativity Fairness
Arkansas - Louisiana - New Mexico - Oklahoma - Texas - 66 Tribes
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Results at a Glance
Using a full range of compliance and enforcement strategies and tools,
we concluded over 600 actions against environmental violators in fiscal
year 2012, October 1, 2011 through September 30, 2012.
< ^ENFORCEMENTS (J)
ft?
4.1 B pounds of
hazardous wastes will
be treated, minimized or
properly disposed
2E
im
$38.1 M
penalties
114.9 M
pollution
ntrols &
eanup
108.5 M cubic yards of
contaminated soil and
water will be cleaned up
Direct Environmental Benefits *
Air Pollutants Reduced, Treated, or Eliminated (Pounds) 4,574,300
Water Pollutants Reduced, Treated, or Eliminated (Pounds) 7,904,300
Toxics and Pesticides Reduced, Treated, or Eliminated (Pounds) 725,500
Hazardous Waste Treated, Minimized, or Properly Disposed of (Pounds) 4,128,528,000
Contaminated Soil to be Cleaned Up (Cubic Yards) 105,930,300
Contaminated Water to be Cleaned Up (Cubic Yards) 2,602,100
Stream Miles Protected or Restored (Linear Feet) 5,200
Wetlands Protected or Restored (Acres) 31
People Protected by Safe Drinking Water Act Enforcement 49,500
Investments in Actions and Equipment to Reduce Pollution and Protect the Environment (Injunctive Relief) $114,968,500
Investments in Projects that Benefit the Environment and Public Health (Supplemental Environmental Projects) $10,764,200
Civil Penalties Assessed
Administrative Penalties Assessed $5,065,500
Judicial Penalties Assessed $22,620,000
State/Local Judicial Penalties Assessed From Joint Federal-State/Local Enforcement Actions $10,000,000
Stipulated Penalties Paid $461,970
Civil Enforcement and Compliance Activities
Referrals of Civil Judicial Enforcement Cases to Department of Justice 13
Civil Judicial Enforcement Case Conclusions 2
Administrative Penalty Order Complaints 284
Final Administrative Penalty Orders 268
Administrative Compliance Orders 238
Cases with Supplemental Environmental Projects 5
Compliance Monitoring Activities
Inspections/Evaluations 2,011
Civil Investigations 61
Voluntary Disclosures
Facilities Initiated 440
Facilities Resolved 85
Companies Initiated 69
Companies Resolved 49
Estimated
Page 1 CAED 2012 ANNUAL REPORT
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National Enforcement Initiatives
commitment for compliance evaluations and conducted six enforce-
ment reviews. EPA also concluded a national flaring settlement in-
volving Marathon Petroleum Company in 2012, which included its
Texas City, Texas, and Marathon, Louisiana, facilities. (See Marathon
Petroleum Company Settlement on page 7.)
Keeping Raw Sewage and Contaminated Storm-
water Out of Our Nation's Waters
Addressing Sanitary Sewer Overflows is a high priority for our region
because the most significant surface water quality impairments in
Region 6 are excessive bacteria and/or pathogens. Currently, Region
6 has 73 wastewater treatment systems with average daily flows of
more than 10 million gallons per day, which are the primary focus
of the SSO national initiative. More than 61 of these systems have
been addressed through the review of existing municipal implemen-
tation plans, issuance of orders by Region 6 or its state partners, and
negotiated civil judicial settlements. We supported development and
negotiation of over seven civil judicial referrals during fiscal year 2012.
We will continue to work with municipalities and our state partners to
address the remaining systems.
Preventing Animal Waste from Contaminating
Surface and Ground Water
This year, we continued our poultry initiative work in northwest Ar-
kansas through both inspections and compliance assistance efforts.
After identifying common concerns at poultry operations, we provid-
ed compliance assistance by participating in several events in north-
west Arkansas and at a state-wide Farm Bureau meeting. We also
expanded these efforts into northwest Louisiana, where we partici-
pated in three poultry grower meetings and made a presentation at
a Louisiana Farm Bureau state-wide meeting. This approach allowed
us to tailor our message to identify problems and discuss solutions,
and reach the greatest number of poultry producers with the most
efficient use of resources. Our efforts also strengthened our relation-
ships with state regulatory agencies and the Farm Bureaus.
Reducing
Air Pollution
from the
Largest
Sources
Addressing non-
compliance with the
Clean Air Act New
Source Review re-
quirements contin-
ued to be a focus in
FY 2012. Through in-
vestigations and en-
forcement reviews,
we have evaluated
noncompliance at 85
percent of the sulfu-
ric acid plants and 81
percent of the nitric acid plants in the region, and are on track to
achieve the national goal of emissions controls at 85 percent of the
nation's acid sector facilities by 2016. In the glass industry, we have
evaluated noncompliance at over 80 percent of this industry, after ini-
tiating an investigation of Libby Glass in Shreveport, Louisiana, and an
enforcement review of Longhorn Glass in Houston, Texas, in 2012.
In 2012, we initiated one investigation and accomplished two referrals
of cement facilities to the Department of Justice. We also participated
in two national negotiations that included three Region 6 facilities,
leaving only two facilities to evaluate in FY 2013 to achieve the goal of
investigating 100 percent of the cement facilities in the region. In the
coal-fired utility sector, a favorable court action led to renewed settle-
ment discussions with Louisiana Generating for failing to install neces-
sary controls prior to making changes to their Big Cajun 2 power plant
in New Roads, Louisiana. In addition, we issued a notice of violation
to Luminant for its Big Brown and Martin Lake facilities. The Martin
Lake facility is the largest single source of sulfur dioxide emissions in
the region.
Cutting Hazardous
Air Pollutants
Because of the large number
of facilities within our region,
we rely heavily on risk-based
targeting to prioritize com-
pliance evaluations and en-
forcement activities. Using
a multi-pronged approach,
that incorporates emissions
modeling and risk assess-
ment, evaluation of process
upset data, assessment of
permit exceedances, and
evaluation of data within the
Toxics Release Inventory, we
conducted evaluations at 30
facilities and closed out 15
"no further action" cases.
We exceeded our national
Page 2 CAED 2012 ANNUAL REPORT
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National Enforcement Initiatives
i
If
Assuring
Energy
Extraction
Activities
Comply
with Envi-
ronmental
Laws
In 2012, we in-
spected 22 oil and
gas facilities in our
region, includ-
ing a number in
the highly active
Barnett Shale for-
mation in the Dallas-Fort Worth area, for compliance with the Clean
Air Act. Using an infrared camera, we identified numerous emissions
of hazardous air poiiutants from poorly maintained or open storage
tanks and flares. We issued nine administrative compliance orders
requiring facilities to immediately fix, repair, or replace equipment,
which resulted in emission reductions of over 85 tons. (See Real-Time
Enforcement on page 4.)
We also continued to be a major contributor to addressing water
quality problems associated with energy extraction and production.
In May, we hosted over 40 representatives from eight EPA regional
offices and Headquarters for a three-day training on implementing
the national Energy Extraction and Production Initiative. The train-
ing, which covered both air and water issues, was aimed at EPA staff
involved in inspection and enforcement activities and focused on case
development. As part of the training, the participants visited an ac-
tive well drilling site, an active production site, a gas plant, a water
treatment facility, and a tracking operation in the Barnett Shale area.
Reducing Pollution from Mineral Processing
Operations
In FY 2012, we issued a consent agreement and final order to Agrifos
Fertilizer LLC that addressed violations associated with the introduc-
tion of hazardous waste into the company's sulfuric acid production
process. Corrective actions required by the order will result in over
1.5 million tons of pollutant reductions, a penalty of $1.8 million,
and a $600,000 supplemental environmental project. (See Improper
Management of Wastes at Agrifos on page 8.)
Agrifos Fertilizer LLC, Pasadena, Texas
Key Performance Indicators
The Key Performance Indicators below are measures the agency's Office of Enforcement and Compliance Assurance monitors
at the national levei to evaluate program effectiveness. As the figures for Region 6 indicate, our enforcement of federal environ-
mental 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
13.2 million
Pounds of hazardous waste eliminated
4.1 billion
Volume of contaminated media addressed (cubic yards)
108.5 million
Number of civil case initiations
535
Number of civil case conclusions
508
Page 3 CAED 2012 ANNUAL REPORT
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Regional Enforcement Priorities
Air Enforcement
Real-Time Enforcement
This year, we used an infrared camera to identify emissions of hazard-
ous air pollutants from storage tanks and flares at oil and gas facilities
in our region. The camera allows enforce-
ment officers to see volatile emissions
that are otherwise not visible to the hu-
man eye. The nine administrative compli-
ance orders we issued, which required fa-
cilities to immediately fix, repair, or replace
equipment and certify compliance with
the Clean Air Act, utilized the act's general
duty clause and risk management program
requirements to address unpermitted oil and gas air releases. We
also conducted training for other regions on real-time enforcement
and the use of the infrared camera in the energy extraction industry.
New Source Review Initiative - Carbon Black
We concluded investigations at and are in discussions with the five
carbon black companies in the region under the national carbon black
initiative, and
issued four no-
tices of violation
against three of
the companies.
Out of the 15
plants in the
nation, 12 are
located in our
region.
Petroleum Refinery Consent Decree Compliance
Ensuring that companies follow
through with settlement commit-
ments is a high priority for the
region. Asa result of the success-
ful national Petroleum Refinery
Initiative, we have been tracking
and responding to consent de-
cree deliverables from flaring
events at 44 refineries located
throughout the region. This year, we completed 43 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 of more than $5.2 million in stipu-
lated penalties. In addition, we completed over ISO tasks related to
the review of other consent decree deliverables, some of which have
resulted in the collection of almost $300,000 in penalties.
Risk Management Plans (CAA 112r)
We conducted eight
inspections at Clean
Air Act Title V high-
risk facilities to assess
compliance with risk
management plan
requirements and in-
vestigated those that
had major explosions
or accidents. We are
in the process of eval-
uating these inspections
appropriate.
Hazardous Waste Enforcement
Illegal Waste Treatment and Disposal
We prepared a compliance agreement and final order in FY 2012 that
was issued on October 4, 2012, to US Ecology Texas, Inc., and TD*X
Associates LP in Robstown, Texas, for operating unpermitted hazard-
ous waste treatment units. The enforcement action put the facilities
on the RCRA permitting path and required them to implement in-
terim risk-based operational controls to ensure the proper treatment
of potential hazardous waste. The order also included a penalty of
$788,000.
Centralized Waste Treatment Facilities
In September, we issued
five administrative pen-
alty orders to companies
that shipped waste to
US Oil Recovery in Pasa-
dena, Texas. US Oil Re-
covery, now a Superfund
site, was a centralized
waste treatment facility
that was not permitted
to receive the waste
shipments. The five gen-
erators were VLS Recov-
ery Services, Texas Barge
and Boat, Inc., Safety
Kleen Systems,
Groendyke Transport,
Inc., and Pipesteam, Inc.
The orders seek penal-
ties totaling $263,229 and are aimed at stopping the flow of hazard-
ous waste to illegal treatment and disposal facilities.
Page 4 CAED 2012 ANNUAL REPORT
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Regional Enforcement Priorities
Releases to the
Environment
We issued two administra-
tive orders to Formosa Plastics
Corporation in Point Comfort,
Texas, this year that require the
company to implement site-
wide clean up to control and
remediate ethylene dichloride
plumes in soil and groundwater
Formosa Plastics corporation, and to prevent the migration of
Point comfort, Texas contaminants from leaving the
property. An estimated 3.2 billion pounds of contaminated media will
be cleaned up and the actions will address site clean up until a post
closure permit or similar mechanism is issued by the state. (See Soil
and Water Clean up at High Priority Site on page 8.)
Water Enforcement
Brine Spills from Oil and Gas Operations
We continued our oil and
gas enforcement efforts
this year by issuing 42
cease and desist orders
for brine discharges in
four of the five Region 6
states. We also issued 13
administrative penalty or-
ders, and reached 15 con-
clusions, including 14 ne-
gotiated settlements and
one hearing.
Supplemental Environmental Projects Highlights
Enforcement
Action Name
Final Order
Issued /
Enter Date
Description
Category
SEP
Cost
State
Primary
Law
BP Exploration &
Production Inc.
(Gulf of Mexico
Oil Spill) (National
Case Lead)
06/18/2012
Implement one or more land acquisition and habitat
protection SEPs in the State of Louisiana to protect
them in perpetuity from development by encumbering
them with appropriate conservation easement, deed
restrictions, covenants, or other institutional controls.
Environmental
Restoration
and Protection
(ERP)
$6,750,000
Gulf Of
Mexico
Clean Water
Act (CWA)
BP Exploration &
Production Inc.
(Gulf of Mexico
Oil Spill) (National
Case Lead)
06/18/2012
Implement one or more land acquisition and habitat
protection SEPs in the State of Texas to protect them
in perpetuity from development by encumbering them
with appropriate conservation easement, deed restric-
tions, covenants, or other institutional controls.
ERP
$3,250,000
Gulf Of
Mexico
CWA
JD Sinclair Produc-
tion, Inc.
02/28/2012
Replace existing tanks; remove/replace contaminated
soils; reconstruct secondary containment; install sump
pump, level control switches, and new connections; re-
mediate contaminated areas and plant bermuda grass.
ERP
$42,870
Arkansas
CWA
Dow Chemical
Company
02/06/2012
Develop and implement an Inactive Well Identification,
Plugging, and Abandonment SEP to identify privately-
owned wells screened in the Upper Plaquemine Aquifer
that are in non-use and/or inactive, and provide for
proper plugging and abandonment of the inactive wells.
Other Program
Specific SEP
$100,000
Louisiana
Resource
Conserva-
tion and
Recovery Act
(RCRA)
Agrifos Fertilizer
LLC
12/07/2011
Construct stormwater treatment facility.
ERP
$600,000
Texas
RCRA
East Texas Saltwa-
ter Disposal
10/04/2011
Install a salinity monitoring system, which will be
located on Campbell Creek near White Oak, Texas. The
system shall alert and notify East Texas Salt Water Dis-
posal Company personnel when salinity (as TSS) above
500 ppm in the creek is observed and recorded. In such
instance, the Respondent shall investigate the possible
source(s) of the problem. Discharge shall be ceased
and salts shall be removed from Campbell Creek. If the
Respondent's facility is not the source, Respondent shall
contact the responsible party.
Pollution
Prevention/
Equipment-
Technology
Modification
$21,281
Texas
CWA
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State Highlights
We have developed excellent working relationships with the state
agencies in our region through regular, face-to-face meetings with
each state's enforcement directors and management officials. In
addition, our Air, RCRA, and Water enforcement staff have monthly
meetings with their state counterparts to coordinate inspection and
enforcement priorities and issues. This coordination has been invalu-
able in building healthy enforcement programs at both the state and
federal level.
The Arkansas
Department of
Environmental
Quality con-
ducted 766
inspections for
10,621 regulated facilities. The inspections resulted in 77 enforce-
ment actions initiated during the fiscal year, and $1,278,160 in civil
penalties collected. ADEQ pursued substantial hazardous waste vio-
lations at Great Lakes Chemical Corporation ($175,000), Williams
Works ($105,875), and Sea Ark Marine ($19,875), and substantial
NPDES water violations at Remington Arms Company ($53,892). The
next round of State Review Framework in Arkansas will begin in FY
2014 and conclude in 2015.
and perform a $500,000 supplemental environmental project. NMED
also settled a enforcement case against Southwest Tire Processors
for $119,229 for a catastrophic fire that was caused by serious op-
erational, safety, and permit-related violations of the Solid Waste Act
and regulations at its tire recycling facility near Socorro, New Mexico.
The state also pursued violations against Advantage Asphalt ($75,000)
for the improper handling, transportation, and disposal of regulated
asbestos waste in Bloomfield, New Mexico. NMED's next SRF review
was initiated in October 2012 and will conclude in November 2013.
The Oklahoma Department of Environ-
mental Quality air, water, and hazard-
ous waste programs conducted 501 in-
spections for 12,202 regulated entities
and collected $461,468 in civil penal-
ties, including violations at Valero Ard-
more Refinery ($93,118), Holly Refining
Company ($53,762), Milnot Company ($10,850), Seaboard Foods
($15,000), TMJ Enterprises-4 Corners Construction ($10,000), Green
County Sewer Company ($65,000), and the City of Tecumseh ($10,981).
ODEQ's last SRF evaluation was in 2009, and we plan to initiate our
review of their air, water, and hazardous waste programs again in July
2013.
OKLAHOMA
DSttltMSW OF ENVIIONMENtM OUMItt
The Louisiana Department of Environmen-
tal Quality conducted 499 inspections for
38,079 regulated facilities. In addition,
LDEQ pursued enforcement action against
257 entities, resulting in $4,529,684 in col-
lected penalties.
This year, we completed the second LDEQ
enforcement program review under the State Review Framework
program. The SRF report, which is available at www.epa-echo.gov,
describes how LDEQ is successfully administering many aspects of the
Air, Water, and Hazardous Waste Enforcement programs. The state
meets many of the national program goals, and in their hazardous
waste enforcement program, they accomplished 100 percent timely
enforcement for FY 2011. LDEQ is aggressively pursuing improve-
ments in areas that did not meet program goals.
The New Mexico Envi-
ronment Department
completed 149 inspec-
tions for 6,807 regulated
entities, and it pursued
42 formal enforcement
penalty actions totaling
nearly $640,000. NMED reached a settlement with Southwestern
Public Service Company for multiple alleged air quality violations at
the Cunningham Electric Power Generating Station in Hobbs, New
Mexico. In the settlement, SPS agreed to pay a $300,000 civil penalty
TCEQ
The Texas Commission on Environmental Quality
conducted 917 inspections for 48,164 regulated
entities, and collected civil penalties of $5,827,382.
Highlights of this year's actions include fines of
$631,628 against DCP Midstream, LP, in Panola
County for 11 air violations with $315,814 of the
fines going to the Texas Railroad Commission's Al-
ternative Fuels Clean School Bus Replacement
Program for the purchase of cleaner school buses.
TCEQ fined Dow Chemical Company in Brazoria
County $207,378 for five reporting violations and one violation for
exceeding annual allowable emissions rates. Nearly half of the fines,
$103, 689, will be used by the Houston-Galveston Clean Cities/Clean
Vehicles Program to replace diesel buses with ones that run on alter-
native fuel or clean diesel.
TOTAL Petrochemicals USA, Inc., in Jefferson County, was fined
$269,775 for air quality violations. Emissions exceeded permitted lim-
its on numerous occasions due to maintenance deficiencies. Of the
total, $53,955 will be used for a home energy efficiency program in
West Port Arthur and $53,955 will be used to enhance the Southeast
Texas Regional Air Monitoring Network. The state also fined Explorer
Pipeline Company in Jefferson County $149,249 for air quality viola-
tions. TCEQ investigators found the company did not report an emis-
sions event in a timely manner and failed to prevent unauthorized
emissions. In FY 2012, we initiated an evaluation of the state's air,
water, and hazardous waste enforcement programs and plan to com-
plete the SRF review by mid-2013.
Page 6 CAED 2012 ANNUAL REPORT
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Air Enforcement
In 2012, we continued to focus our investigatory efforts on the re-
gion's most significant environmental noncompliance issues.
We issued over 30 information requests
and conducted over 30 on-site evaluations
to determine compliance with our New
Source Review, air toxics, and energy ex-
traction regulations. We developed addi-
tional expedited approaches to complete
the enforcement process once noncom-
pliance is determined, and continued our
real-time enforcement process at oil and
gas facilities. We also initiated a real-time
enforcement process at facilities where
explosions or fires had occurred, utilizing the general duty clause of
the Risk Management Plan requirements.
We implemented an expedited administrative penalty process un-
der the National Air Toxics Initiative, and continued to explore new
enforcement initiatives, including carbon black new source review
permitting compliance, benzene National Emission Standards for Haz-
ardous Air Pollutants compliance at chemical plants, and excess emis-
sions at chemical manufacturers, tanks, and terminal plants. We were
able to meet or exceed all our commitments, while issuing over 100
alternative monitoring plan responses.
We continued to focus inspec-
tion resources on Clean Air Act
Title V risk management plan
^requirements to reduce the
risk of chemical accidents, ex-
plosions, and spills. Our goal
continues to be to swiftly ad-
dress noncompliance in order
to prevent and reduce the po-
tential for accidents, explo-
sions, and releases.
Marathon Petroleum Company Settlement
We worked with Department of Justice, EPA Headquarters, and other
EPA regional offices to reach an innovative environmental agreement
with Marathon Petroleum Company that significantly reduces air pol-
lution at six refineries. Marathon agreed to state-of-the art controls
on its flares and to a cap on the volume of waste gas it sends to its
flares. When fully implemented, the agreement is expected to re-
duce harmful air pollution by approximately 5,400 tons per year. The
settlement also requires Marathon to pay a penalty of $460,000 and
an estimated $54 million to implement the injunctive relief within the
settlement.
Expedited Administrative Penalty Actions
As part of the National AirToxics Strategy, we implemented an expe-
dited administrative process that does not trigger the requirement
for EPA to request authority from the Department of Justice to pur-
sue a case in the region, which can result in a longer process. The
expedited process yields comparable outcomes through swift reso-
lution. This year, we were able to issue two administrative penalty
orders using this process. The enforcement cases against Equistar
Chemical of Baytown, Texas, and Enterprise Products Operating of
La Porte, Texas, yielded $75,500 in penalties, with settlement terms
beyond those that would have otherwise been required by the regu-
lations.
Responding to Community Concerns
We collaborated extensively this year with our regional office environ-
mental justice and permitting colleagues to respond to environmental
concerns raised by Residents for Air Neutralization and the Louisiana
Bucket Brigade. Our joint work resulted in improved communication
with these groups, as well as training opportunities and guidance for
them. With our improved relationship, we saw a decrease in citizen
complaints, a greater awareness of the issues, and a better under-
standing of EPA's enforcement goals and priorities.
Enforcement Response to Explosions and Spills
Helicopter Inspections at Industrial Areas and
Oil and Gas Facilities
In May 2012, we conducted aerial surveil-
lance to identify toxic air emissions from
industrial areas along the Mississippi River
between Baton Rouge and New Orleans,
and natural gas well sites near Shreveport,
Louisiana. The helicopter flyovers utilized
an infrared camera to investigate volatile
organic compound air emissions. We
worked closely with Louisiana Department
of Environmental Quality, and all aerial sur-
veillance data collected is being reviewed
by both agencies and evaluated for non-
compliance.
Measuring Methane Emissions from Oil and
Gas Production
We continued to assist EPA's Office of Research and Development this
year in the development of a method to measure methane emissions
from oil and gas production activities utilizing the gas finder infra-
red camera. The method is intended for any type of facility or site
associated with oil and gas production, including wells, condensate
and product storage tanks, compressor stations, and natural gas pro-
cessing facilities. If this method proves to be practicable, it will be
published as an EPA method and transferred to state enforcement
programs to allow comparison of actual measured emissions to per-
mitted emissions.
In 2012, we filed complaints under the general duty clause of the
Clean Air Act for an explosion and jet fuel release at the NuStar refin-
ery in San Antonio, Texas, and an explosion at the Plains Gas facility
in Eunice, Louisiana. We also
developed a process to more
efficiently respond to major
incidents. As we monitor
the national incident data-
base and other news feeds to
identify facilities with poten-
tial violations of the general
duty clause, we prioritize the
accidental releases that occur
daily in our states and initiate
an expedited information
collection process. With this
more rapid response to major incidents, we are positioned to produce
significant results in 2013 and beyond.
Page 7 CAED 2012 ANNUAL REPORT
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Hazardous Waste Enforcement
During FY 2012, we focused on addressing operations that had toxic
releases to the environment or illegal treatment or disposal, or that
were sending waste to such facilities. By shifting resources to RCRA
administrative enforcement actions with the greatest potential for
environmental results and by focusing on national and regional initia-
tives, we were able to leverage significant pollutant reductions, such
as 3.2 billion pounds from the Formosa Plastics action and 1.5 million
tons from the Agrifos Fertilizer action. The Agrifos action was a sig-
nificant result in our work to reduce releases from mineral processors
as part of the national initiative.
EPA has identified 1,700 facilities nation-wide posing the greatest
threat from hazardous waste releases to the environment, with over
400 of them in our region. The agency's goal is to complete clean up
of all 1,700 facilities by 2020. While state agencies are addressing
most of these facilities in our region, we issued administrative orders
this year to fill critical gaps in information needed to clean up sites. In
some instances, such as the Formosa Plastics order, we issue orders
to require site-wide clean up.
Some facilities avoid the costs associated with proper hazardous
waste management by staying below the regulatory radar. Find-
ing and addressing these operations is a challenge for both EPA and
states agencies. In addition to developing training to help inspectors
and enforcement staff sort through complex operational and legal is-
sues, we are taking enforcement actions against both the operators
of these illegal operations and the sources sending waste to them.
Improper Management of Wastes at Agrifos
Agrifos Fertilizer, Pasadena, Texas
Agrifos Fertilizer in Pasadena, Texas, processed phosphate-bearing
rock to produce phosphorus for fertilizer production as well as sulfu-
ric and phosphoric acids. In the process, they generated a large vol-
ume of acidic waste containing arsenic and metals. Although these
wastes are exempted from hazardous waste regulation if managed
properly, Agrifos failed to do so. In December 2011, we issued a con-
sent agreement and final order to Agrifos that addressed multiple vi-
olations, including disposal and treatment of hazardous waste with-
out a Resource Conservation and Recovery Act permit, failure to meet
Land Disposal Restrictions Standards, and failure to make a hazardous
waste determination. Agrifos was required to correct the violations
and pay a penalty, and it agreed to perform Supplemental Environ-
mental Projects that go beyond compliance by lining several ditches
to enhance soil and ground water protection.
Soil and Water Clean up at High Priority Site
Protecting the Gulf Intracoastal Waterway
Training Modules Developed for Inspectors
Our region is taking a leadership role in finding and addressing cen-
tralized waste treatment facilities that are operating outside of the
law. As part of our efforts, we developed training to help inspec-
tors and enforcement officers sort through the complex technical
and regulatory issues surrounding these operations. This training is
now part of EPA's basic inspector curriculum, including a waste water
treatment unit exemption module developed in 2012.
Federal Facilities
In April, our region hosted the annua! Federal
Facilities Conference, which included presen-
tations on key compliance and enforcement
topics, such as complying with the Refriger-
ant Recycling Rule, sorting through issues sur-
rounding sovereign immunity and the Clean
Air Act, materials management, and Superfund
strategy, policy, and guidance. The conference
was attended by 70 state and federal represen-
tatives.
Formosa
Plastics
Corpora-
tion, which
manufac-
tures vinyl
chloride
monomer
and polyvi-
Formosa Plastics Corporation, Point Comfort, Texas ^y| chloride
near the Texas Gulf coast, is one of EPA's high priority sites as a result
of spills and other releases that have affected soil and ground water.
A 1991 administrative order on consent addressed contamination at
the time but did not cover subsequent facility expansions and envi-
ronmental releases. As a result, we took steps to expand site clean
up, and in June of 2012, we reached agreement with Formosa on site-
wide corrective action. Long-term remediation cost estimates are ap-
proximately $20 million.
Historic releases from Elementis Chro-
mium, a facility in Corpus Christi, Tex-
as, that produces chromic acid and
chromic oxide, and a refinery that sur-
rounds it resulted in a chromium-lad-
en hydrocarbon plume in ground wa-
ter entering the intracoastal waterway.
Because of this, Elementis is one of
the region's high priority facilities. In
October of 2011, we issued an admin-
istrative order to Elementis requiring
it to perform environmental sampling to determine the nature and
extent of soil and ground water contamination. The order augments
our on-going efforts with Elementis to intercept contamination be-
fore it gets to the intracoastal waterway.
Page 8 CAED 2012 ANNUAL REPORT
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Water Enforcement
Our highest priority is to provide quality drinking water that meets
national health-based standards, working closely with our state part-
ners and tribal drinking water systems. This year, we issued over 60
administrative drinking orders, which resulted in protecting the health
of nearly 50,000 people. The orders issued required monitoring and
reduction or elimination of bacteria, arsenic, nitrate, and disinfection
by-products (haloacetic acid and trihalomethanes) from drinking wa-
ter systems.
The protection of drinking water aquifers remains a high regional pri-
ority. We developed 10 administrative orders to properly control the
disposal of produced and flow back waters from oil and gas produc-
tion activities in the region.
With regard to surface waters, we issued over 100 administrative or-
ders and 36 administrative penalty order complaints to address water
quality problems caused by sewage treatment facilities, animal feed-
ing operations, industrial facilities, inadequate storm water control,
and land-based oil and gas production facilities.
Overall, it was another successful year even though our budget for
travel, personnel, and case development continued to be significantly
reduced. Our effective and collaborative working relationships with
our state partners, usage of the Enforcement Targeting Tool for drink-
ing water systems, and the sustained commitment of staff and counsel
continued to make Region 6 a healthier place to live.
Drinking Water Enforcement Efforts Continued
in Texas
Working in coordination with Texas,
we have moved forward with issuance
of administrative orders for multiple
maximum contaminant level rule vio-
lations where the state had expired
enforcement agreements. We issued
18 administrative orders for violation
of the arsenic standard, 18 orders for
violation of the radionuclides standard,
15 orders for violation of the nitrate standard, and two orders for vio-
lation of the fluoride standard. These orders assure public health pro-
tection through compliance with maximum contaminant levels and
support the National Enforcement Response Policy.
Capacity, Management, Operation and Mainte-
nance Workshop
EPA Region 6, in conjunction with the Texas Commission on Environ-
mental Quality, the Water Environment Association of Texas, and
Austin Water Utility hosted the Ninth Annual Capacity, Management,
Operation and Maintenance Workshop in Austin, Texas, in August.
The purpose of the workshop was to allow EPA and state regulators
to come together with municipal permit holders to exchange infor-
mation on practices, strategies, innovative technologies, and outreach
programs.
Increased Enforcement Efforts in New Mexico
Our division and the New Mexico Environment Department imple-
mented a strategy to improve compliance from Publicly Owned Waste
Water Treatment Plants in New Mexico. The strategy targeted 29 fa-
cilities that were in violation of the Clean Water Act and contributed
to water quality problems, as identified by the state. EPA has direct
implementation authority in New Mexico, and as a result, we issued
formal enforcement actions at 23 facilities. Six facilities returned
to compliance without a formal enforcement action. In addition to
achieving compliance as a result of these enforcement actions, we
significantly increased the deterrence factor by increasing the federal
presence among New Mexico's regulated community. Finally, the
year ended with no New Mexico facilities on EPA's national Watch List,
after beginning the year with 14 facilities on the list. This is the first
time that there have been no New Mexico facilities on this list.
Outer Continental Shelf NPDES Permit Goes
Electronic
As EPA was preparing to reissue
the Outer Continental Shelf Na-
tional Pollutant Discharge Elimi-
nation System general permit in
the wake of the Deepwater Hori-
zon BP oil spill, our division coor-
dinated with the permitting divi-
sion to strengthen the permit's
compliance-related components.
The new permit, which covers
more than 36,000 facilities ex-
ploring, drilling, and producing oil off the continental shelf in the Gulf
of Mexico, was issued at the end of September and contains signifi-
cant changes to ensure improved data and stronger compliance re-
quirements. The updated requirements will almost triple the data
that will be received and available to EPA and the public, and at the
same time, streamline the process by making it entirely electronic.
This permit also employs something new for our agency, an electronic
Notice of Intent. This is the first general permit in the nation that re-
quires electronic submission of all data through the NetDMR system.
Stormwater Notice of Deficiency Pilot Project
We piloted a new stormwater construction notice of deficiency form
and procedure this year for use at construction sites that had no evi-
dence of a discharge but had deficiencies that could be easily cor-
rected within a short timeframe. We conducted the initial inspections
in Midlothian, Texas, at seven construction sites. Of the seven sites in-
spected, five were issued notices, and all but one of these responded
with corrections within the required seven business days. The notice
of deficiency pilot approach has proven to be successful—compliance
with the permit was attained in less than 10 days and in some cases
during the inspection. The informal enforcement document is easily
understood and issued in the field, and the inspection generates cred-
it for a stormwater inspection and determination in the Integrated
Compliance Information System (ICIS). We are adopting the notice of
deficiency as part of the region's enforcement toolbox.
Region 6 Hosts Third National Multi-Media
Inspection/Enforcement Workshop
In May, our division, in coordination with the Office of Enforcement
and Compliance Assistance, EPA's National Enforcement Training In-
stitute, and the states in Region 6, hosted the third national Multi-
Media Inspection/Enforcement Workshop. The training included
over 70 speakers and was developed to increase inspectors' knowl-
edge of permits, regulations, field inspection capabilities, regulated
processes, and environmental management systems, and to improve
the exchange of information between federal, state, tribal, and local
programs. Approximately 350 inspectors and enforcement officers
from EPA, states, tribal communities, and municipalities attended the
workshop, along with nearly 200 people who participated by webi-
nar for portions of the workshop, making this the most attended EPA
Region 6 Multi-Media Inspection/Enforcement Workshop to date.
Page 9 CAED 2012 ANNUAL REPORT
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Other Region 6 Enforcement
Pesticides Enforcement
The last three fiscal years have been very pro-
ductive for the Pesticides Enforcement Team.
After continuous implementation of Lean prin-
ciples (see www.epa.gov/sustents/govern-
ment/epa-initiatives/r6-pest-casestudy.htm),
the team continued improving its efficiency by
increasing the number of enforcement actions
and decreasing processing time. In FY 2012,
the team filed 21 administrative penalty or-
ders and 24 administrative compliance orders,
for penalties totaling $253,151.
Imports were a mandatory focus area under FY 2012 OECA National
Program Manager Guidance and Department of Homeland Security
Customs and Border Protection regulations that prohibit the impor-
tation of pesticides without a completed Notice of Arrival. The team
works closely with CBP to identify potentially illegal pesticides enter-
ing the U.S. Many of the enforcement actions in FY 2012 resulted from
the processing of 9,749 notices. This was a record-breaking year in
both penalty amounts and the total notices processed, which exceed-
ed FY 2011 by over 2,100 notices. The orders filed also ensured that
899,548 pounds of pesticides either entered U.S. commerce legally or
were prevented from entering the U.S. from foreign countries.
Part II: To Be Corrroleted bv U.5. Environmental Protection A*encv
Action to be tatai US. Customs Sendee
Qtetese Shipment Detain «cr Inspection
53°**
Befcise shipment to coronjnee Jmm/\
II
Setoff and Title erf CPAMifljl ///]/?
[Lu inn
fffihiAJoifr hCPf
°oi/nh^
his is an example of a portion from an
actual notice. This incident, which' was deniec
entry into the U.S., also prevented the illegal distribution of over 180,000 pounds of an
ingredient used in the production of a registered pesticide.
Photo showing 827 pounds of citronella candles found during an inspection, which are
required to be registered as pesticides. EPA ordered the importer to return the shipment
to the country of origin.
Emergency Planning and Community Right-to-
Know Act Section 313 Enforcement
We conducted 24 EPCRA Section 313 inspections at facilities in our
region this year. Of these, 20 were non-reporter inspections and four
were data-quality inspections. Of the inspection reports reviewed, 12
are potential violations and three potentially have no violations.
In FY 2012, we issued and closed 16 enforcement cases, for a totai
amount of $700,505. The highest penalty issued was for $124,250,
to Arrow Fabricated Tubing, Garland, Texas, for failure to report vari-
ous toxic chemical releases and waste management amounts for four
years. The next highest penalty was issued to Thermal Engineering
Intl., Inc., for $90,000 for failure to report for four years for various
toxic chemical releases and waste management amounts.
We began an initiative at petroleum coke calcining facilities this year.
Three Oxbow facilities in Enid, Oklahoma; Baton Rouge, Louisiana;
and Port Arthur, Texas; were inspected and found to be in violation
of EPCRA Section 313. After negotiations, the total settlement for all
three facilities was $199,998.
Wetlands Enforcement
In 2012, the wetlands enforcement program issued 23 formal actions
and was able to resolve 18 new or on-going cases. In addition, 41 site
inspections were conducted. These efforts led to the direct protection
of over 81 acres of wetlands and 22,800 linear feet of streams. The
program collected $260,750 in penalties and required the expendi-
ture of approximately $270,000 to return destroyed or damaged
aquatic habitats back to compliance with the Clean Water Act. The
program took enforcement actions in all five states within the Region,
in partnership with all eight U.S. Army Corps of Engineers districts
within the Region. The Corps reports to us that the deterrent effect of
our enforcement work protects many times more than the actual
acreage involved in the cases we pursue.
FY2012 OECA NPM Guidance, Page 56
Page 10 CAED 2012 ANNUAL REPORT
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National Environmental Policy Act
NEPA Coordination/Reviews
INFRASTRUCTURE EXECUTIVE ORDER
ENERGY
La Jara Mesa Uranium Mine
EPA responded to the U.S. Forest Service's Draft Environmental Im-
pact Statement for this project located in Cibola County, New Mexico.
The uranium claim is located on National Forest land that includes the
Mount Taylor Ranger District and the Cibola National Forest. Envi-
ronmental concerns include water use and radionuclide hazardous air
pollutants. In addition, constructing the mine in this area may impact
the cultural and religious practices of a tribal people who have wor-
shipped on the mountain for thousands of years.
Magellan Pipeline
We reviewed a Draft Environmental Assessment prepared by the Pipe-
line and Hazardous Materials Safety Administration for the Longhorn
Pipeline Reversal Project. The pipeline, which runs from Houston to
El Paso, Texas, and is owned and operated by Magellan Pipeline Com-
pany, L.P., currently transports refined petroleum products from east
to west. The project would convert the segment of the pipeline from
Crane to East Houston, Texas, to crude oil service and reverse the.
The EA analyzed the condition of the pipeline and evaluated how the
changes in product and direction would affect the pipeline and the
environment.
OTHER INFRASTRUCTURE PROJECTS
34
Environmental Impact Statements
15
Environmental Assessments/Findings of No Significant Impact
38
Environmental Assessments Review from Other Agencies
46
Scoping and Information Requests
8
Cooperating Agency Agreements
269
Community Development Block Grant Notifications
Harbor Bridge Replacement
On March 22, 2012, President Obama signed Executive Order 13604,
Improving Performance of Federal Permitting and Review of Infrastruc-
ture Projects, which builds on
earlier efforts to identify high-
priority federal infrastructure
projects and focus attention
on them. The projects are
tracked on that national Fed-
eral Infrastructure Projects
Dashboard. The following six
projects in our region require
our participation in the plan-
ning and completion of NEPA
assessments: Next Generation
Project;,Navajo Gallup Water
Infrastructure Project, South-
line Transmission Project En-
terprise WEP III Pipeline Proj-
ect, Port of New Orleans Rail
Yard, and Sun Zia Transmission Line (completed in FY 2012).
Sun Zia Transmission Line
The Sun Zia project involved the construction of two, overhead trans-
mission lines running 500 miles from a new substation in Lincoln
County, New Mexico, to the Pinal Central Substation in Pinal County,
Arizona. Regions 6 and Region 9 responded to the Bureau of Land
Management on the Draft Environmental Impact Statement and Re-
source Management Plan Amendments. Some of the identified envi-
ronmental concerns included impacts to migratory birds and surface
water.
Southline Transmission Line Project
Southline Transmission filed a right-of-way application with the Bu-
reau of Land Management to construct, operate, and maintain a new
transmission line (and decommission a transmission line) within New
Mexico and Arizona. We provided scoping comments to assist in the
in the preparation of the EIS, and are most concerned about impacts
to water and biological resources, invasive species management,
and habitat. The Western Area Power Administration is a joint lead
agency with BLM for preparing the environmental impact statements.
South Padre Island Second Access
A second bridge over the Laguna Madre from mainland Texas to
South Padre Island is being planned to improve safety, increase mobil-
ity, increase economic development, and provide efficient hurricane
evacuations. The project is in an environmentally sensitive area that
includes endangered species, wetlands, mudflats, and sea grasses.
Plans are underway to replace the Harbor Bridge in Corpus Christi,
Texas to address structural deficiencies, improve safety, connectivity,
and level
of service
in the area,
and make
improve-
ments to
US Highway
181/State
Highway
286. We
are work-
ing with the
Texas De-
partment
of Trans-
portation
and Federal Highways Administration on the development of the
environmental impact statement, and because of potential impacts
on minority and low-income communities, with EPA's Environmental
Justice program.
Page 11 CAED 2012 ANNUAL REPORT
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EPA has reviewed and responded to the Draft Environmental Impact
Statement, which was rated as having significant impacts to the natu-
ral environment. We have participated in several meetings to discuss
alternative routes that will have less impact to the environment but also
meet the goals of the project.
Baton Rouge Loop
The Louisiana Department of Transportation and the Federal Highway
Administration are planning a 90 to 105 mile circumferential roadway
around Baton Rouge to improve connectivity and mobility in the region.
We have reviewed and responded to the Tier 1 Draft Environmental Im-
pact Statement, which focused on broad issues over a wide area. Antici-
pated environmental concerns related to this project include air emis-
sions and impacts to wetlands.
Border Drinking and Wastewater Projects
The NEPA office prepared Environmental Assessments and Findings of
No Significant Impact or Categorical Exclusions for four U.S.-Mexico bor-
der projects this year, which are being jointly funded by the Border Envi-
ronmental Cooperation Commission and the United States government:
the Juarez Sur Wastewa-
ter Infrastructure Proj-
ect, the Nuevo Laredo
Wastewater Collection
Line Disconnection
Project, the Haciendas
Del Valle Wastewater
Infrastructure Project in
Socorro, Texas, and the
Loma Blanca Wastewa-
ter Collection and Po-
table Water Distribution
Project. These projects
will eliminate 12 million
gallons per day of untreated wastewater from entering the Rio Grande
River, and will eliminate groundwater contamination. The U.S. is provid-
ing approximately $13,731,000 for these projects, and BECC is providing
$37,553,500.
Special Appropriations Projects
In FY 2012, NEPA assessments were conducted on 10 Special Appro-
priations projects that involved construction or rehabilitation of public
drinking or wastewater infrastructure. Environmental Assessments and
Findings of No Significant Impact or Categorical Exclusions were com-
pleted for three projects in Arkansas for Warren, Forest City, and the
Fort Chaffee area; one project in Louisiana for Lake Charles; two proj-
ects in New Mexico for the Dona Ana Water Consumers Association
and San Felipe Pueblo; and four projects in Texas for Austin, Gaines-
ville, Lufkin, and San Antonio.
RE-ISSUANCE OF NPDES PERMIT FOR TEXAS
COASTAL WATERS
We provided consultation and guidance on the preparation of the
Supplemental Information Request to re-issue the Texas Coastal Wa-
ters General Permit for oil and gas wells. After completion of the
NEPA assessment, the National Pollutant Discharge Elimination Sys-
tem General Permit was completed by the Region's water permitting
program.
EARLY INVOLVEMENT
We are involved in several projects that are in the planning stages-
providing guidance in the preparation of NEPA documents, consult-
ing on various decision points, and offering information on green
equipment and construction alternatives. Significant projects being
monitored by our office include the Corpus Christi Liquefied Natural
Gas Terminal, the Freeport Liquefied Natural Gas Project in Brazoria
County, Texas, and the Lake Charles Liquefaction Project in Calcasieu
Parish, Louisiana. We have also provided assistance through scoping
comments for the New Mexico Copper Mine Project in Sierra County
and for the Enbridge Flanagan South Pipeline Project in Oklahoma.
COOPERATING AND PARTICIPATING AGENCY
AGREEMENTS
We are partnering with lead Federal agencies in the preparation and
development of Environmental Impact Statements or Environmental
Assessments. In FY 2012, we agreed to be a cooperating or participat-
ing agency for eight projects, and now have 16 active cooperating and
participating agency agreements.
Page 12 CAED 2012 ANNUAL REPORT
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The Year Ahead
Air Enforcement
In FY 2013, we will continue to focus on noncompliance that is impact-
ing 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 emis-
sions reductions quickly.
Historically, we have relied heavily on the judicial process to secure
compliance and injunctive relief for air enforcement, but this process
typically involves multiple years of negotiation prior to settlement. Al-
though we will continue to refer cases to the Department of Justice
with complex, multi-year injunctive relief schedules and multimillion
dollar penalties, we are exploring opportunities to expand our use of
administrative authorities.
We will continue our significant efforts supporting the national en-
forcement initiatives relating to New Source Review. We will begin a
decrease in the number of new investigations while focusing our ef-
forts on resolving those cases already referred to the Department of
Justice.
With respect to air toxics, we will continue to focus on leak detection
and repair, benzene, excess emissions, and industrial flares in nonat-
tainment areas and environmental justice communities. Given the
significant potential for emissions reductions and the corresponding
impact on communities, we are planning to increase flaring investiga-
tory activities in FY 2013.
As oil and gas exploration continues in the Barnett, Fayetteville and Ea-
gle Ford shale areas, we will continue our efforts to ensure that these
extraction activities are in compliance with air regulations. We will
utilize innovative technology and real-time enforcement to evaluate
and address noncompliance in a timely manner.
Addressing accidental releases from industrial facilities will be an ex-
panded area of focus for FY 2013. This year, we invested significant
resources to develop an investigatory and settlement approach utiliz-
ing the general duty clause. This effort is gaining momentum and we
have assembled a team that is investigating and expeditiously address-
ing these releases within 60 days of the event. We believe this effort
is already sending a strong message to industry and nearby communi-
ties that EPA takes these releases seriously.
We will also increase our risk management plan investigations 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 fenceline. Additionally, we are increasing our communication
with fenceline communities, with a goal of encouraging community-
focused projects as part of our settlements.
Hazardous Waste Enforcement
Our region's focus will continue to be keeping waste out of commerce
and the environment. To achieve significant environmental benefits
and improved public health, we will direct our resources to key areas,
including RCRA compliance at specific targeted sectors and RCRA cor-
rective action.
We will focus our compliance inspections and enforcement on those
sectors or facilities that have been operating under the radar and that
we suspect should be regulated because of significant potential for
environmental harm. Our corrective action program will use enforce-
ment authorities to support Government Performance and Results
Act 2020 goals and stabilize sites posing substantial endangerment
to human health or the environment, and defer to the authorized
state for long-term corrective action. We will ensure that there is an
enforcement presence for the Lead Renovating, Repair, and Painting
rule by continuing to conduct inspections and enforcement to protect
public health and focusing on major renovation and repair compa-
nies, which will result in the greatest environmental benefit from our
actions. We will also work to develop state capacity where possible to
reduce our activities in this area over the next several years.
Water Enforcement
The protection of drinking water will again continue to be our highest
priority in FY 2013. 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 50 administrative actions during FY 2013 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 this fiscal year.
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 CAFOs,
and citizen complaints are also expected to result in the identifica-
tion of water quality problems that will need to be addressed. Addi-
tionally, we anticipate that our work with the Oklahoma Department
of Agriculture, Food, and Forestry will result in program assumption
by ODAFF in FY 2013. We also expect to carry out several outreach
Page 13 CAED 2012 ANNUAL REPORT
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The Year Ahead
efforts with producer groups, conduct over 20 inspections, and issue
eight to 10 enforcement actions this fiscal year.
We wili continue to place increased emphasis upon inspection and
enforcement of National Pollutant Discharges Elimination System per-
mits in New Mexico to protect stream quality from excessive sewage
or industrial discharges. Underground injection of oil and gas produc-
tion wastes will be monitored and enforced to ensure underground
sources of drinking water on tribal lands are adequately protected.
Small drinking water systems in Oklahoma and Louisiana will be pro-
tected from disinfection byproducts that can form in drinking water.
Unauthorized discharges of produced water or flow back water from
oil and gas production activities will be investigated and enforced to
the extent that re-
sources allow. All of
these non-delegat-
ed functions will re-
quire over 200 in-
spections and are
estimated to result
in 40 or more en-
forcement actions.
Finally, addressing
municipal, industri-
al, or construction-related storm water problems will remain a priority
when water quality problems develop or need to be prevented.
IMEPA
In FY 2013, the NEPA program will continue to implement process im-
provements for the NEPA Section 309 review process that began in
2011. Significant progress has already been made in the implementa-
tion of these improvements, and additional ones are anticipated to
continue to occur throughout 2013. We will work with the Office of
Federal Activities, and the Office of Environmental Justice to develop
a EJ/NEPA Compendium to share with each lead and cooperating re-
source agencys, and stakeholders, on similar projects. All of the proj-
ects reviewed by this office have been completed before or by the due
date as a result of the process improvements.
U.S. EPA, Region 6 Compliance Assurance and Enforcement Division
John Bleviris, Director
Steve Gilrein, Deputy Director
Air, Toxics Inspection and Coordination Branch
Steve Thompson, Acting Associate Director
Esteban Herrera, Chief, Toxics Enforcement Section
Samuel Tates, Chief, Surveillance Section
Richard Gigger, Team Leader
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
Debra Griffin, Associate Director
Rhonda Smith, Chief Planning and Coordination
Page 14 CAED 2012 ANNUAL REPORT
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W a
U.S. Environmental Protection Agency, Region 6
Compliance Assurance and Enforcement Division
1445 Ross Avenue (6EN)
Dallas, Texas 75202-2733
www.epa.gov/region6/6en
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