Arkansas Louisiana Oklahoma New Mexico Texas
US EPA Region 6
Compliance Assurance and Enforcement Division
2008 Annual Report
Pollutant Emissions
Concentrated Animal
Feeding Operations
Surface Impoundments
1445 Ross Ave., Suite 1200 (6EN)
Dallas, Texas 75202-2733
www.epa.gov/region6/6en
(214) 665-2210
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o
31 PR 01$:
US Environmental Protection Agency
Region 6
Compliance Assurance and Enforcement Division
1445 Ross Ave., Suite 1200
Dallas, Texas 75202-2733
Fiscal Year (FY) '08 is over. I cannot believe
it. It seems that just last week I was approving
the first Annual Report for the Compliance
Assurance and Enforcement Division (CAED).
Looking back, it is incredible how much
enforcement and compliance assistance
work was performed in the Region.
With that said, all of the great work completed
in FY '08 is directly due to the hard work and
dedication of staff not only in my Division
but also in all of the other Divisions in the
Region.
Without support from Management Division,
we would not have the hardware and software
that we need to do our work. We would also
not be able to travel as efficiently as we do.
Without support from External Affairs, we
would not be able to get "our story" out to the
public.
Without support from the Office of
Environmental Justice and Tribal Affairs,
we would not be able to effectively interact
with our Tribal partners and our communities
impacted by environmental justice issues.
The Superfund, Water, and Multimedia
Divisions all have robust enforcement
and compliance assistance programs that
compliment/supplement the work performed
by CAED.
Finally, without the Office of Regional Counsel
we would not be able to efficiently process our
enforcement actions. As everyone who knows
me is aware, I believe that my Division and
ORC-E are indistinguishable. Our success is
their success.
I want to thank everyone in the Region for
their support and this report is a monument
to their accomplishments.
I would also like to recognize our State,
Tribal, and Local partners for their continued
support in meeting the CAED mission.
As you can see by the cover of our 2nd Annual
Report, last year we rallied around "WASBO"
(We Are Surrounded by Opportunities). This is
not just a "slogan" but rather a true statement.
We, and our State partners, are clearly
surrounded by an overwhelming number of
opportunities to improve the environment
through our enforcement and compliance
assistance actions. We, collectively, could
either be paralyzed by the enormity of the
job or we could "seize the day" and create a
results driven enforcement and compliance
assistance program.
I think last year's results, captured in this
report, reflect our success in this regard.
We have done amazing things on numerous
fronts related to enforcement and compliance
assistance.
I will not try to enumerate a list of things here
but will let the report speak for itself. I will
say that the innovation and magnitude of our
"successes" is impressive.
In FY '09, we will not abandon WASBO but
we will continue to embrace the concept and
it will form the foundation of our "strategic
planning and targeting efforts."
In addition to embracing WASBO, the Division
will continue to evolve as an organization
that is driven by "significant environmental
outcomes."
Equally important, we will continue to
embrace innovation and streamlining in an
effort to become the best we can.
In this regard, I am excited about the Region's
effortto embrace the "WE CARE" values, and I
Page i
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am fully committed to embracing those values incredible amount of work performed by an
in our continuous improvement efforts. incredible group of people.
The Division will continue to find new ways
to recognize and celebrate our successes. I
believe that our Recognition Ceremony this
year was our best. I look forward to our FY '09
ceremony and the Customer Service Council
finding a way to "raise the bar" again.
While we embraced WASBO as our rallying
cry in FY '08, we will embrace "Collaborative
Solutions" as our rallying cry for FY '09.
It is my strong belief that our success and
failure as an organization is directly related
to our ability to communicate effectively. With
our success strongly tied to our "partnerships"
(internal and external), it is critical that we go
beyond mere coordination and/or consultation
and evolve to a paradigm that embraces
collaboration.
As I have said to participants in the Leadership
Development Program: "Leadership is not a
destination but rather a journey...and it is a
journey of self-discovery..." so is our evolution
as an organization.
We are making great progress and the future
is bright for CAED.
Sincerely,
/y/John Blevins
Director
Compliance Assurance and
Enforcement Division
Our success in FY '09 is dependant upon our
ability to embrace collaborative solutions and
seek them with all of our partners on a daily
basis.
In closing, I hope that the FY '08 Annual
Report is useful. It is a summation of an
Compliance Assurance and Enforcement Division
Mission;
Promote compliance with Federal environmental regulations
in partnership with our States and Tribes
Vision;
To make environmental compliance commonplace and to
establish a culture that promotes going be^ondJ compliance
through collaboration, innovation, and partnership
VtehMSt
Teamwork
Open communication
Professionalism
Integrity
Creativity
Fairness
Page ii
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0 yNfQRCEMiNlitfl
Workforce Diversity
Environmental Stewardship
Character
Accountability
Respect
Excellence
Enforcement Strategy
1. Be Results Driven (Start with the end in mind)
Significant injunctive relief
Significant reduction in pollutants
Meaningful message
2. Cover National Priorities
3. Cover Regional Priorities
4. Respond to Citizen's Complaints
5. Collaborate and partner with the States, Tribes
and Local entities.
6. Find sectors/facilities in non-compliance
(aggressive screening)
7. Make sure Consent Decrees and Orders are
followed:
Certify compliance
Re-inspect if necessary
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We Are Surrounded By Opportunities 1
Key Management Measures 2
Highlights 3
Press Releases 3
Numbers at a Glance 4
National Priorities 7
Judicial Referrals.. 9
Judicial Conclusions 10
Supplemental Environmental
Projects 11
Big Case Summaries 12
Inspections 13
Priorities, Measures and Results 14
Surface Impoundments 15
Hazardous Waste Corrective Action. 16
EJ Corrective Action 17
Valero Air Settlement 17
Collaborative Partnerships 18
CAFO Technical Assistance 18
Home Builders 19
Environmental Management
Systems 20
Performance Track 21
National Environmental Policy Act.... 23
NASCO Trade Corridor. 24
Compliance Assistance 24
Federal/State Relations 25
Tribal Partnerships 26
Response Support Corps 27
People Plan
Innovative Management Tools 28
eVoluntary Audit Disclosure 28
eRouting 28
The Training Place 29
eLearning 29
Real Time Enforcement 30
Training 31
Civil Enforcement Training 32
Visions
Air/Toxics,,,, 33
Hazardous Waste 34
Water. 35
Strategic Planning & Analysis 36
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We Are Surrounded By Opportunities
mmm
Concentrated Animal
i *
Surface Impouhdrrients
(more than 2,000!)
' f> ^iV y*.%.'
O&G Offshore Platforms ฃ
. (more than 5,000) c-:
Flares
Universe
Page 1
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Kev Management Measures
OECA Quarterly Management Report
Key Management Measures Results
Status
1
% Compliance assistance recipients with improved EMP
77%
2
Number of Civil Referrals to DOJ
31 Total
23 Regulatory, 8 Superfund
3
Number of large concluded cases with more than 1M lbs. Pollution
reduced, $5M injunctive relief or $1M penalty
24
4
Dollars invested in environmental performance or improved EMP as
a result of concluded enforcement (Injunctive Relief + SEPs)
$574 million
5
Pounds of pollution reduced by audit agreement or concluded
enforcement
437 million lbs
6
Volume of contaminated media addressed
13,577 cubic yards
Page 2
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Highlights
Press Releases - Reporting Results
Press releases are important tool in getting the word out on the "results" of our
activities and they can serve as a tool in promoting compliance.
Region 6 Enforcement News Releases Fiscal Year 2008
September 17, 2008: CITGO Pleads Guilty and is Sentenced for Clean Water Act Violation in
Louisiana
August 7, 2008: EPA Orders Ray Hoffman, Jr. Dairy to Cease and Desist Unauthorized Discharges
August 7, 2008: EPA Orders Mark Allen and Vernon Feeders to Stop Discharge of Pollutants
August 7, 2008: EPA Announces Web-Based System for Companies to Self-Disclose Environmental
Violations
July 31, 2008: Texas builders working to prevent storm water pollution
June 18, 2008: Former Fujicolor Employee Pleads Guilty to Environmental Crime
June 17, 2008: Oklahoma-based pipeline company to pay $5.3 million for petroleum discharges
June 11, 2008: Four of nation's largest home builders settle storm water violations
June 10, 2008: Valero Refining-Texas Agrees to Resolve Alleged Violations Over Corpus Christi,
Texas Oil Spill
May 22, 2008: North Texas power company to issue vouchers for electric lawn mowers
April 29, 2008: Corporation pleads guilty to ocean discharge violations
April 7, 2008: ConocoPhillips Pays $1.2 Million To Settle Clean Water Act Violations
March 27, 2008: EPA Issues Imminent and Substantial Endangerment Order to Agrifos Fertilizer,
Inc. and ExxonMobil
Jan. 15, 2008: Sinclair Oil agrees to improved refinery pollution controls
Dec. 13, 2007: EPA Orders Moo Town Dairy to Cease and Desist Permit Violations
Nov. 15, 2007: EPA reports end-of-year enforcement results for Arkansas
Nov. 15, 2007: EPA reports end-of-year enforcement results for Louisiana
Nov. 15, 2007: EPA reports end-of-year enforcement results for Oklahoma
Nov. 15, 2007: EPA reports end-of-year enforcement results for Texas
Nov. 15, 2007: EPA reports end-of-year enforcement results for New Mexico
Nov. 7, 2007: EPA Issues Compliance Order to PSC Industrial Outsourcing, Inc. of Houston
Oct. 25, 2007: BP to Pay Largest Criminal Fine Ever for Air Violations
# Press Release
ฆ FY06 ฆ FY07 ~ FY08
Page 3
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Numbers at a Glance
FY2008 Numbers at a Glance
ฆ Estimated Environmental Benefits of Enforcement Actions (Including
Supplemental Environmental Projects (SEPs)) obtained or committed to:
o Pollutants Reduced (Pounds)
o Hazardous Waste Treated, Minimized, or Properly Disposed of
(Pounds)
o Contaminated Soil Cleaned (Cubic Yds) (SF & Corr. Action)
o Contaminated Water Cleaned (Cubic Yds) (SF)
o Stream Miles (Linear Feet) (Wetlands)
o Wetlands Protected (Acres) (Wetlands)
o People Protected by Safe Drinking Water Act (SDWA)
Enforcement
ฆ Estimated Preventative Environmental Benefits
o RCRA Subtitle C (gallons)
o RCRA UST Storage Tank Capacity Impacted (gallons)
o Number of People Notified of Potential Drinking Water Problems
o Number of SDWA UIC Wells Protected
o CWA 311J SPCC Pollutant Release Reduction (gallons)
437,566,642
2,054,000,000
13,577
0
4,733
127
114,231
16,000,000
6,000
4,286
9
25,857,596
Value of Complying Actions
$564,939,722
Value of Supplemental Environmental Projects (SEPs)
$9,666,739
Cases with SEPs
20
Voluntary Disclosure Program
I. Pollutants Reduced as a Result of Audits or Other Actions (Pounds)
II. Facilities Initiated
III. Companies Initiated
IV. Notices of Determination (NODs)
V. Facilities Resolved
VI. Companies Resolved
0
42
37
38
42
40
Total Entities Reached by Compliance Assistance
12,421
EPA Administrative Compliance Orders (ACOs)
283
EPA Administrative Penalty Complaints (APCs)
366
EPA Civil Judicial Referrals
31
(23 Program/ 8 SF)
EPA Final Administrative Penalty Order (FAPO) Settlements
355
EPA Civil Judicial Conclusions
12 Total
(6 Program, 6 SF)
Plus 9 Nat'l non-lead
participant cases
EPA Administrative Penalties
$1,669,152
EPA Judicial Penalties
$9,515,436
EPA Stipulated Penalties
$194,815
Inspections/Evaluations
1792
Civil Investigations
19
Number of Regulated Entities Taking Complying Actions during EPA
Inspections/Evaluations
51
Number of Regulated Entities Receiving Assistance during EPA
Inspections/Evaluations
966
Page 4
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Numbers at a Glance State bv State
# Administrative Conclusions
NM, 42, 7%|
LA, 47, 8%
AR, 52, 8%
OK, 271,
43%
GM, 16, 3%
TX, 192,
31%
# Judicial Conclusions
OK, 3,11%-
NM, 4,15%
LA, 5,19%
AR, 1,4%
TX, 14, 51%
Total for State Referrals will not
equal the overall Regional total
because multi-state cases are
credited towards each state that
had a facility as part of the
enforcement action.
Page 5
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Numbers at a Glance State bv State
OK, $651,777, SM-i
Penalties
NM, $661,320, S9e
LA, $1,339,775,
149K
A
TX, $9,813,956* im
AR, $330,081,29K
GM,$32,61&
S
J^
Top 5 Value of Penalty Cases
TE Products Pipeline Co.
$2,865,000
Valero Refining Texas
$1,650,000
ConocoPhillips - Borger
$1,200,000
Equistar
$1,000,000
Premcor Refining Group
$710,000
Injunctive Relief
OK, $42,321,071,6%-
M, $8,428,190,
LA, $181,243,920,2
GM, $37,100,
AR, $212,496,
TX, $518,816,726,69%
Top 5 Value of Injunctive Relief Cases
Agrifos Fertilizer, Inc.
$216,600,000
Equistar
$111,428,570
Premcor Refining Group
$102,000,000
E.I. Dupont De Nemours & Co.
$66,050,000
Sinclair Oil Corporation
$40,036,710
Supplemental Environmental Projects
OK, $159,986,
1%
NM, $40,500,
LA, $6,086,718,
39%
TX, $9,400,300,
60%
AR, $39,235, 0%
M, $0, 0%
Total for State Penalties, Injunctive Relief and SEPs will
not equal the overall Regional total because multi-state
cases are credited towards each state that had a facility
as part of the enforcement action.
Top 5 Value of SEPs Cases
Equistar
$6,060,000
Premcor Refining Group
$2,275,000
ConocoPhillips - Borger
$600,000
Valero Refining Texas
$300,000
Texas Municipal Power Agency
$78,750
Page 6
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FY08 National Priorities
Percentage of Penalties and Injunctive Relief
Resulting from National Priority Cases
$ Value Administrative Penalties
Core
$1,587,530
95%
Nat'l Priority
$81,622
5%
$ Value Admin. Injunctive Relief
Core
$4,098,955
2%
Nat'l Priority
$217,623,809
98%
$ Value Judicial Penalties
Core
$6,240,386
66%
Nat'l Priority
$3,275,050
34%
$ Value Judicial Injunctive Relief
Nat'l Priority
$327,091,560
Core ^ 95%
$16,125,398
5%
Page 7
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FY08 National Priorities
Percentage of Enforcement Actions
Addressing National Priorities
Administrative Orders
Core
215
76%
Nat'l
Priority
68
* Judicial Conclusions does not include
National Cases where R6 was not Lead for the
case.
Page 8
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Judicial Referrals
FY08 Region 6 Judicial Referrals
w,'. h
\ W ฆi o A /
77
Li
v
fl SI
/
5 4
11 11
CAA NPDES RCRA PWS OPA TOTAL
ฆ Projected ~ Completed
In addition, there are 7 Supplemental Referrals
FY08 Region 6 Referrals
(not including Superfund or the 7 Supplemental Referrals)
25 1
20 -
15 -
10 -
5 -
^Si-
Smoothing out the "Lump in
the Snake" by issuing
Referrals throughout the year.
Great Job Region 6!
12
~
.16
20
El
22^^
1 J-
, r
-III 1 1IIIIII
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
T 25
-20
--15
-10
-5
--0
25
20
15
10
^ฆBy Month
ฆEOY Target
ฆCummulative
12
Region 6 Judicial Referrals Trends
21
22
23
FY 03 FY 04 FY 05 FY06 FY07 FY08
Page 9
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Judicial Conclusions
'W
R6 Lead
Non-lead Participant
Superfund
ConocoPhillips, an international energy company, has agreed to pay a $1.2
million civil penalty to resolve alleged violations of the Clean Water Act
related to over 2,000 effluent discharges from a petroleum refinery it operates
in Borger, Texas. The settlement includes a Supplemental Environmental
Project, estimated to cost approximately $600,000, which will reduce the
amount of solids discharged into local waterways during storm events.
In a National settlement, E.I. Du Pont de Nemours & Co. is expected to reduce more than 13,000
tons of harmful emissions annually from four sulfuric acid production plants in Louisiana, Virginia,
Ohio and Kentucky. Du Pont will spend at least $66 million on air pollution controls at the plants and
pay a civil penalty of $4,125 million under the Clean Air Act settlement. The states of Louisiana,
Virainia and Ohio ioined the aareement and will receive shares of the civil Denaltv.
In a National settlement, Valero Energy Corp. will pay a $4.25 million penalty and
$232 million in new and upgraded pollution controls at refineries in Tennessee,
Ohio and Texas, which will reduce annual emissions of nitrogen oxide by more than
1,870 tons per year and sulfur dioxide by more than 1,810 tons per year. The
settlement requires an additional $1.6 million to be spent on supplemental
environmental projects serving the Port Arthur, Texas community.
Page 10
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Supplemental Environmental Projects
Action Name
Project
SEP Category
Cost
Law
Louisiana
Allen Brothers
Invasive Species Control
Environmental Restoration
and Protection
$26,718
CWA
New Mexico
City of Rio Rancho
Respondent will remove approximately 200 to 300 tons of undergrowth
and tree litter, including salt cedar, dead trees, and other fuels from the
North Bosque section of the Rio Rancho Open Space adjacent to and in
the Rio Grande (Bosque). This will significantly reduce the amount of
fire produced ash that chokes and clogs the Rio Grande and impairs the
habitat of the endangered Silvery Minnow.
Pollution Reduction
$32,400
CWA
May Development Co.
This project will reshape and stabilize the existing slopes on the south
side of the Las Cruces Arroyo.
P2/Energy Efficiency
Conservation
$8,100
CWA
Oklahoma
Mid-west Oil Co.
The project will:
- Move the tank battery facility away from the impacted water body
- Remediate and restore areas damaged by brine discharges
- Remove tanks
- Install new tanks
- Install a sump pump
P2/Equipment-Technology
Modification
$5,319
CWA
Williford Petroleum,
LLC
Install a sump pump
P2/Equipment-Technology
Modification
$1,030
CWA
Herman Roberts
This project will:
- remove old equipment no longer used at the facility ~
- reconstruct the secondary containment ~
- install a sump pumpD
- install a plastic line in the secondary containment~
- perform extensive soil reconditioning of soils at the facility
Environmental Restoration
and Protection
$13,395
CWA
Sneed Drilling Co.
The project for this drilling company is to:
- close out and shut down a tank battery facility
- remove all equipment from the facility
- remediate the soils at the facility
Environmental Restoration
and Protection
$17,721
CWA
Williford Resources,
LLC
SEP by the respondent is in the category of
"Environmental Restoration and Protection" The
anticipated environmental benefits from the
proposed SEP are significant and substantial. The
SEP will reduce the potential for any future
discharges from the facility and protect the
groundwater from being contaminated by: installing
a sump pumpD rebuilding secondary containment~
replacing tanks ~ and replacing flow lines. Overall,
this SEP will benefit the environment by ensuring
surface water protection.
Environmental Restoration
and Protection
$36,537
CWA
Berexco Inc.
This project includes:
- replace steel tanks, previously used to store brine, with fiberglass
tanks
- apply a layer of clay at the bottom of the facility
- reconstruct the secondary containment
- install a sump pump
- replace the existing shutdown system with a new shut down system
- implement a testing process to test the new shut down system
- perform extensive soil reconditioning of soils at the facility.
Environmental Restoration
and Protection
$24,184
CWA
Texas
ConocoPhillips
ConocoPhillips will be rerouting storm water from the oily water
treatment system to a large impoundment and through the storm water
outfall. This will reduce the amount of solids in the oily water treatment
system which are a hazardous waste, and the impoundment will reduce
the solids in the storm water, before discharging to the storm water
outfall
Pollution Reduction
$600,000
CWA
Premcor Refining
Group (nat'l case)
$1K million assistance to the Gulf Coast Health Center
$500,000 for Shelter in place air control systems at two local schools
$50,000 for low income housing assistance
$50,000 for mobile air monitoring by the Jefferson County Local
Emergency Planning Committee
$675,000 for additional VOC emission reductions at the Port Arthur
refinery
Other
$2,275,000
CAA
Equistar (nat'l case)
CPI Vent Recovery System At Channelview Tx
P2/Equipment-Technology
Modification
$6,060,000
CAA
LA& TX
Valero Refining Texas
LP
This project is to design and construct a boat ramp that will aid
emergency response efforts in the vicinity of the oil spill.
Emergency Planning and
Preparedness
$300,000
CWA
Johnson & Ernst
Operating Co.
This project will:
- replace old equipment at the facility
- reconstruct the secondary containment
- install a sump pump
- install a plastic line in the secondary containment
- install a shutdown system which will shutdown the facility when an
injection tank reaches a certain height
- perform extensive soil reconditioning of soils at the facility
Environmental Restoration
and Protection
$63,675
CWA .
Texas Municipal
Power Agency
(TMPA) Gibbons
Creek Steam Electric
Station
Within 50 days of receipt of Consent Agreement, respondent shall begin
to notify member City ratepayers and/or residents that a predetermined
number of one hundred fifty dollar vouchers ($150) will be available at
designated retail locations for such Member City ratepayers &/or
residents to purchase any brand of corded/uncorded lawnmowers, notice
to ratepayers shall occur by sending flyer &/or newspaper advertisement
sent out by the utilities ~ therefore, decreasing the amount of carbon
monoxide, VOC's and Nitrogen oxides emitted by lawnmowers.
Public Health
$78,750
CAA
15 projects total cost
$9,542,829
Page 11
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Big Case Summaries
14
12
10
8
6
4
2
0
241 BQ<
a
c
ases
Bill
H5H
i
i
Judicial: R6Lead
Judicial: Non-Lead
Participant
Administrative
Why track Big Cases?
Most of the pollutants and injunctive relief/SEP dollars come from Big Cases
1 % of the cases produce over 90% of the Results
Projecting and Tracking Big Cases makes it easier for EPA's Managers to
forecast what our "Results" may be at the end of the year.
Criteria for Big Case Inclusion:
Civil Penalty amount of greater than $1 million; or
Pounds of pollutants reduced, estimated amount greater than 1 million pounds;
or
Injunctive relief and SEP combined, estimated amount of more than $5 million
Big Case Results
$ Value of Penalties
$9 Million
$ Value of Injunctive Relief/SEP
$566 Million
Direct Pollutant Reductions
418 Million Pounds
Direct Hazardous Waste
Reductions
2 Billion Pounds
Page 12
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Inspections
FY2008
# Inspection by Program
600 n
500
400
300
200
100
0
483
264
181
182 192 174
84
68
51
62
21
ii
31 24
n ^
6
^ ^ ^ ^ ^
&
&
3
& & J? &
^ <~
J ^
^ 4
K*
-------
400 Day Plan
(timeframe Dec 2007 - Jan 2009)
Projection
Current Status
Measure
Pilot a Self Audit program with Texas Homebuilders
Association to improve compliance with stormwater
regulations
Initiate an air toxics inspection targeting initiative/pilot with
City of Houston
Conduct 10 CAA inspections in or affecting non-attainment
areas
completed
completed
Undertake 5 CAA enforcement actions in or affecting non
attainment areas
Conduct 75% CAFO inspections in impaired watersheds
Conduct 50% NPDES inspections in impaired watersheds
Develop a regional SSO enforcement strategy
completed
Develop a comprehensive regional safe drinking water
enforcement strategy addressing all systems, regardless of
size
completed
Cowboys Stadium progressing toward P-Track membership
by continuing EMS development
Complete final Trinity River Project EIS review
Convene a forum with stakeholders following publication of
the revised EPA CAFO regulations
Assist the Pueblo of Sandia with the inspection of 1 facility on
Pueblo lands
completed
Assist San Felipe Pueblo in developing a plan ensuring all
Pueblo members receive safe clean drinking water
completed
FY08 Great South Regional
Priorities
Measure
Projection
Current Status
NPDES compliance inspections of CAFOs, major municipals
major industrials discharging nutrients to the Miss. R. basin
Workshops, presentations, other compliance assistance to
CAFOs, municipals and/or workshops to States/Tribes
regarding nutrient management iri Miss. R. basin
Air inspections in the DFWarea
Air inspections in the Houston area
Air site visits at Oil and Gas facilities
Page 14
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Surface Impoundments
There are some 2000 industrial
surface impoundments (Sis) in
Region 6. Many Sis are huge, cov-
ering several acres. They are used
for wastewater treatment, storm wa-
ter surge capacity, and catch basins
for spills and process upsets. Pol-
lutants from improperly constructed
or mismanaged Sis contaminate
the air and groundwater. Region
6 investigations indicate that many
Sis may have slipped through the
regulatory rubric. Of 28 investiga-
tions (16 in 2008) almost half show
compliance concerns. Based upon
the likelihood of achieving signifi-
cant environmental and compliance
improvements, the Region 6 SI ini-
tiative has translated into a national
priority for 2009.
Page 15
Emergency retention basin receiv-
ing overflow from the wastewater
treatment plant. Vacuum trucks
dump into the SI. Wood-lined
ditches for wastewater convey-
ance. Methylene chloride had been
spilled and routed to the base of the
SI. Groundwater data was found to
show methylene chloride at very
high levels.
Coal fired power plant with 14 evap-
oration impoundments. 8 of these
impoundments exceeded selenium
hazardous waste levels. They failed
to make waste determinations and
did not have a permit for waste dis-
posal.
*** -J
Discharging benzene to an aeration
basin which is part of the wastewa-
ter treatment system. Non-NPDES
volatiles were emitted from the SI.
Benzene was found in the sedi-
ments in the basin. This resulted in
a $75,000 penalty with injuctive re-
lief involving installation of filtration
and air stripper units.
A ramp leads into the SI, which is
not covered. It receives a mixture of
wastes and D008 sludge.
SI receiving discharges of benzene
(5-20 mg/L). The facility was also
found to have a leaking API separa-
tor that is also an SI. The facility has
no NPDES permit.
-------
RCRA Hazardous Waste Corrective Action
National Mineral
Processor Initiative
Activities
EPA Region 6 Enforcement issued
and Implemented a 7003 Emergen-
cy Action Order at Agrifos Fertilizer,
Pasadena, TX after a release of low
pH (<2.0 S.U.) process wastewater
following extreme rainfall events
in the summer of 2007. Actions
365 million gallons per year. Fi-
nal closure will remove over 2 bil-
lion gallons from the environment.
The Hazardous Waste Branch im-
plemented three 3013 Sampling
and Analysis Orders at Mosaic's
Faustina and Uncle Sam Plants
and PCS Fertilizer all in Geismar,
LA. These orders will help define
the magnitude of releases and
aid in the assessment of impacts
to human health and the environ-
ment. These actions are part of a
national initiative and referral to
DOJ looking at the phosphogyp-
sum mineral processing industry.
We also responded to the Houston
area following Hurricane Ike after a
report was received that Agrifos had
had a large release of process wa-
ter due to a facility failure. The site
visit revealed the area had been in-
undated by a 12-foot storm surge.
The storage ponds at the top of the
phosphogypsum stacks were intact
and had adequate freeboard. The
storm only dropped between 6 and
8 inches of rainfall. The damage and
release was from the stormwater
management portion of the facility
when a 100 foot section of retaining
wall failed. The facility responded
with a coffer dam to temporarily
repair the breach. Approximately
one million gallons of water was re-
leased. The company had appropri-
ate response plans in place and re-
sponded in a responsible manner.
Their recovery plans are staged and
they are beginning to bring portions
of the facility back on line as parts,
labor, and power become available.
The Hazardous Waste staff per-
formed follow-up inspections at
ASARCO in El Paso, Texas, find-
ing the facility to be making signifi-
cant progress in on-site corrective
actions. These activities are being
closely monitored by TCEQ.
include closure and post closure
activities as well as process modi-
fications to reduce waste streams.
Waste reductions of approximately
Page 16
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EJ Corrective Action
ir Settlement
Region 6 reached an agreement
with Valero Energy Corp., formerly
owned by Premcor, provides for a
$4.25 million penalty and $232 mil-
lion in new and upgraded pollution
controls at refineries in Tennessee,
Ohio and Texas. The agreement re-
quires new pollution controls to be
Installed at refineries in Port Arthur,
Texas; Memphis, Tenn.; and Lima,
Ohio, that, when fully implement-
ed, will reduce annual emissions of
nitrogen oxide by more than 1,870
tons per year and sulfur dioxide by
more than 1,810 tons per year. The
new controls will also result in ad-
ditional reductions of carbon mon-
oxide, volatile organic compounds
and particulate matter from each of
the refineries. These pollutants can
cause serious respiratory problems
and exacerbate cases of childhood
asthma.
The settlement requires an addi-
tional $1.6 million to be spent on
the following projects serving the
Port Arthur, Texas community:
* $1 million to support a local health
center serving under privileged
and un-insured residents of the
Port Arthur area, for the diagno-
sis and treatment of asthma and
other respiratory illnesses that
may be caused or exacerbated
by air pollution.
* A mobile air monitoring van for
the Local Emergency Response
Commission.
* "Shelter-in-place" air control sys-
tems at the Booker T. Washing-
ton Elementary and Memorial 9th
Grade Center schools to detect,
isolate and filter air pollution that
may result from emissions in the
Port Arthur area.
* A project to replace existing high-
emitting water heaters with new
low-emission water heaters in
low-income residences in the
Port Arthur area.
The three refineries covered by
this settlement produce more than
650,000 barrels of oil per day, rep-
resenting nearly four percent of
domestic refining capacity in the
United States.
Delfasco Forae. Grand Prairie. TX:
Sampling conducted in May 2008
revealed trichloroethylene vapors
from contaminated ground water
entering homes in the vicinity of
the former Delfasco Forge facility in
Grand Prairie, Texas. The Region
issued an emergency order to the
company to mitigate the threat from
the vapors and clean up the ground
water. The company has since de-
clared bankruptcy and the Region's
Emergency Response program is
addressing the immediate threat to
residents.
Lazarus Texas Refinery II (formerly
Lonaview Refinery). Lonaview. TX;
Among EPA's goals under GPRA
for 2008 was the control of human
exposure and ground water con-
tamination from high priority haz-
ardous waste sites. Most of this
work has been done by the autho-
rized States and coordinated by
EPA. Where needed, the Region
has exercised its enforcement au-
thority to fill in gaps and help keep
the clean up process moving ahead.
The bankrupt Longview Refining
facility in Longview, Texas was ac-
quired by the city for back taxes;
then sold to Lazarus Energy in
2006. Wth a sketchy history of
spills and contamination and mul-
tiple owners, critical gaps existed
in the information need to meet the
Agency's goals regarding human
exposure and ground water con-
tamination. To fill in those gaps,
Region 6 issued an Administrative
Order on Consent under RCRA
Section 3013 to Lazarus.
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Page 17
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Technical Assistance Provided to EPA
Headquarters and EPA Region 2:
Jeremy Seiger traveled to Roches-
ter, New York during the week of
June 1, 2008, to assist EPA Head-
quarters, EPA Region 2, and the
State of NY in conducting a CAFO
inspection at one of New York's
largest Dairy.
In 2007, Jeremy was asked by EPA
HQ to assist EPA Region's 2 and
1 on similar projects. As a result
of the assistance provided to New
York in 2007, the NY DEQ
specifically asked if Jer-
emy could return to assist
in the second large scale
joint inspection between
the state and EPA.
Jeremy's contributions included the
review of overall facility operations
and maintenance, nutrient manage-
ment review, identifying any unau-
thorized discharges, and sampling
of such discharges if warranted.
His contributions included identify-
ing fields receiving over-application
of nutrients from dairy manures and
identifying water wells on the prop-
erty that are used for facility op-
eration that had high
nitrate concentrations
and have tested posi-
tive for e-coli and total
coliform.
EPA Region 6
CAFO Enforcement
Workshop
January 15- 17, 2008
The EPA Region 6 CAFO enforce-
ment workshop was held from Jan-
uary 15 to 17, 2008. About 40 EPA
and State CAFO inspectors and
enforcement officers participated
in the workshop, which was held at
EPA Region 6 office in Dallas, Tex-
as. Other agencies represented at
the workshop included the USGS
and the Texas State Soil and Water
Conservation Board (TSSWCB). A
major objective of this workshop
was to provide EPA and State per-
sonnel the opportunity to share in-
formation, learn from each other,
and discuss the future direction of
the CAFO compliance and enforce-
ment program, in the context of the
new CAFO rule, and the Rapanos
Supreme Court ruling.
Page 18
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Home Builders
TEXAS
ASSOCIATION
BUILDERS
Keeping Texas waterways free of
storm water pollution is the goal
behind an agreement signed by
the Texas Association of Builders
(TAB), Texas Commission on Envi-
ronmental Quality (TCEQ), and the
Environmental Protection Agency.
Building new homes requires mov-
ing a lot of dirt, often tons. When it
rains, dirt and other pollutants from
construction sites can get swept
into storm drains. This runoff gen-
erally flows untreated to the near-
est waterway, which can lead to
water quality problems and harm to
fish and plants. Education and as-
sistance with storm water controls
can help home builders reduce
storm water pollution.
The agreement is a national first
and commits Texas home building
companies to work together with
the state and federal agencies to
take steps to prevent storm water
pollution. Under the agreement,
the three partners worked together
on a pilot program to more fully edu-
cate, inform, and assist home build-
ers with meeting federal and state
storm water regulations.
On July 17,2008, EPA Region 6 held
the 10th Annual Stormwater EPA
Municipal Separate Storm Sewer
System Operators Conference in
Waco, TX. Region 6 helped pres-
ent the TAB'S "Storm Water SWP-
PP It or Sweat It" training initiative
to Texas municipalities. This train-
ing was part of the pilot agreement
between TAB, TCEQ, and EPA Re-
gion 6, which provides Texas home-
builders the opportunity to self po-
lice themselves if they met certain
conditions, including the "SWPPP
It or Sweat It" training, self-assess-
ments of each of their construction
sites, and certification of compli-
ance. Training was conducted at all
33 TAB Districts, reaching approxi-
mately 1500 homebuilders.
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-------
Environmental Management Systems
Green
.. building a greener city.
www.greendallas.net
N-TREMS
Staff from Region 6's Compliance
Assurance and Enforcement Di-
vision continued their support in
2008 to the North Texas Regional
Environmental Management Sys-
tem Partnership. (N-TREMS) The
N-Trems Partnership consists of lo-
cal public and private organizations
that collaborate to address region-
nal environmental issues through-
out the north Texas regional area.
N-TREMS promotes environmental
sustainability, reduced environmen-
tal impacts, and formal public/private
relationships through the use of en-
vironmetal management systems.
The N-TREMS partnership pro-
vides specific benefits to each of
its partnering organizations by
helping them to improve local and
regional environmental quality;
build communication and trust be-
tween partners and the commu-
nity; and cost-effectively manage
their environmental impacts to im-
prove environmental management.
N-TREMS' memebership consists
of several local municipalities, some
private businesses and industries
who are Performance Track mem-
bers, the North Central Texas Coun-
cil of Governments, Texas Commis-
sion on Environmental Quality, City
of Dallas, and EPA Region 6.
Municipal EMS Training
In December 2007, the Compliance
Assurance and Enforcement Divi-
sion launched a collaborative effort
to provide facilitated training on En-
vironmental Management System
(EMS) implementation to eleven
(11) municipalities and other public
entities. This effort is the culmina-
tion of over a year of collaboration
with the City of Dallas, North Cen-
tral Texas Council of Governments,
TCEQ, and ourselves to help mu-
nicipalities and other public entities
in the north central region to imple-
ment EMS's and to use them as a
tool in assuring improved environ-
mental compliance and sound man-
agement of their respective organi-
zation's environmental impacts. At
the end of this 18-month course,
these entities will have established
sound EMSs that help to promote a
culture of going beyond compliance
through collaboration, innovation,
partnership, and continuous im-
provement. Finally, it is anticipated
that these cities will join the Perfor-
mance Track program. The eleven
(11) entities participating in this ef-
fort include the following:
City of Austin
City of Carrollton
City of Coppell
City of Ft. Worth Solid Waste
Service
City of Ft. Worth Village Creek
WWTP
City of Garland
City of Haltom City
City of Lubbock Power and Light
City of Lubbock Solid Waste De-
partment
City of Waco
Dallas Cowboys Stadium
P^lan.org
Pollution Prevention Resources for the Stale ol Texas
Page 20
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Performance Track
National
Environmental
PerformanceTrack
Of
LDEQ Recognized
Outstanding Support
the P-Track Program
The Louisiana Department of Envi-
ronmental Quality (LDEQ) received
an Appreciation Award from EPA
Administrator Johnson for their out-
standing support in the delivery of
Performance Tack program incen-
tives by expediting the issuance of
both air and water permits for an
planned expansion of the Mara-
thon Petroleum Company Refinery
in Garyville, Louisiana. The Loui-
siana refinery is currently the 18th
largest refinery in the U.S. and has
the dual distinction of being the last
grassroots refinery built in the coun-
try and the only petroleum refinery
in the Performance Track pro-
gram, being a member since 2002.
LDEQ worked closely with Marathon
Petroleum and U.S. EPA Region 6
U.S. Environmental Protection Agency
to expedite the issuance of an air
permit to construct and operate in
December 2006 and issuance of
an LPDES (Louisiana Permit Dis-
charge Elimination System) permit
in April 2008. LDEQ supported
the expedited permit issuance as
a result of the Marathon refinery's
membership in the Performance
Track program and exemplary com-
pliance record. Having a positive
working relationship with the regula-
tory agencies and the local commu-
nity was invaluable to the refinery
throughout the permitting process.
The end result was a "win-win" for
the refinery and the State of Loui-
siana.
I
tnvironmHiTai
Perforr frack
UJS Eiwewmwrrtal Protect!
hnvironmentdl
Per forma nceTrack
Stephen Johnson
EPAAdministrator
Hal Leggett
LDEQ Secretary
M
Alex Appeaning
LDEQ Deputy Secretary
Richard Greene
EPA Regional
Administrator
Page 21
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Performance Track
Region 6 P-Track
Members' Roundtable
Meeting October 30. 2007
EPA Region 6 Performance Track
program members participated in
a roundtable meeting in Dallas,
Texas on October 30, 2007. Per-
formance Track roundtables pro-
vide an opportunity for members
to share best practices, as well as
develop mentoring relationships
with one another to accelerate
environmental performance. The
roundtables also provide a forum
for increased collaboration between
members, EPA, and State environ-
mental agencies. Over thirty mem-
bers participated in the roundtable.
The roundtable provided an excel-
lent opportunity to recognize the
newest Region 6 P-Track members
and highlight existing member's
accomplishments. State perfor-
mance-based program representa-
tives also provided updates on their
respective programs. Mayor Rich-
ard Greene, Region 6 Regional Ad-
ministrator, Larry Starfield, Deputy
Regional Administrator, and Dan
Fiorino, Director of the National P-
Track program, as well as Regional
senior management, participated in
the roundtable.
1
National
Environmental
PerformanceTrack
U.S. Environmental Protection Agency
New P-Track Members in 2008
Region 6 has accepted ten (10) new facilities for membership in the Per-
formance Track program in 2008, including the City of Dallas. The 10 new
members include the following facilities:
App. No.
Facility Name/Parent Company
Location
A060108
Standard Aero
San Antonio, Inc
A060109
Barksdale Air Force Base
Shreveport, LA
A060110
Goss International Americas Inc.
Kennedale, TX
A060111
Dyess Air Force Base
Abilene, TX
A060112
Intel Corporation
Rio Rancho, NM
A060113
Rough Canyon Marina, LLC
Del Rio, TX
A060114
Rio Grande Village Store & RV
Park
Big Bend National Park,
TX
A060116
Southfork Ranch
Parker, TX
A060117
John Deere
Thibodaux, LA
A060118
City of Dallas
Dallas, TX
The City of Dallas is the first major city to join the Performance Track
program and establish beyond compliance goals to reduce its en-
vironmental footprint. As part of their participation in the Perfor-
mance Track program the City has committed to the following goals:
Reduce total water use at City facilities by 49,285,600 gal-
lons (5%) by expanding the water recycling program, continu-
ing the leak detection and repair program, and upgrading irriga-
tion systems and landscapes. In addition to these, the City will
utilize an internal outreach program to improve conservation awareness.
Reduce total (non-transportation) energy use by 322,645 MMBTUs
(13%) through energy performance contracting, using future sav-
ings from increased energy efficiency and energy conservation mea-
sures to finance structural upgrades that, over time, will save energy
and thus save money. In addition, the City re-
quires all municipal facilities over 10,000 square
feet to be constructed to meet LEED standards.
Reduce total (transportation) energy use by
33,127 MMBTUs (4%) through the use of cleaner
f fuels and cleaner vehicles and continue to grow
its fleet of hybrid and alternative fuel vehicles.
Increase land and habitat conservation by 61 acres
(10%) through implementation of the City's Trail
Master Plan. The Plan calls for 230 miles of multi-
use hike and bike trails at full build out. There are
currently 8 miles of trails in design and funding for
an additional 10 more miles of new trails. In ad-
dition, the City will continue to acquire land and
place land aside for park and trail development.
Page 22
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National Environmental Policy Act
Environmental Assessments:
12 - Special Appropriations
5 -BECC
2 - New Sources
2 - CWPPRA
1 - Colonia
22 - Total
CAED also reviewed 38 Environ-
mental Impact Statements (EIS).
The most significant EISs were the
Border Fence, Interstate 69, and
Grand Parkway in Houston.
In addition to the Border Fence
EIS for the Lower Rio Grande Val-
ley in Texas, CAED also reviewed
and made significant comments on
4 Border Fence Environmental As-
sessments.
The Border Environment Coopera-
tion Commission continued to sup-
port environmental infrastructure
projects on both sides of the U.S.-
Mexico border. These projects are
intended to "prevent, control or re-
duce" environmental pollutants or
contaminants, improve the drinking
water supply, or protect flora and
fauna to improve human health,
promote sustainable development,
or contribute to a higher quality of
life.
The communities of Mier, in Tamau-
lipas, Mexico, and Fabens in Texas,
received funding authorization to
improve their drinking water and
wastewater treatment systems. The
community of Mier also received
funding for construction of a waste-
water treatment plant.
Trinity Parkway Project
The Trinity Parkway Corridor Trans-
portation Improvements will be
implemented jointly by the Texas
Department of Transportation (Tx-
DOT), the North Texas Tollway Au-
thority (NTTA) and the City of Dal-
las. The City will participate in the
financing of the Trinity Parkway, a
tollway reliever route extending in
the south from U.S. 175 to connect
with S.H. 183 in the area of IH-35E
in the north. By Executive Order,
the Trinity Parkway Project was put
on the Federal Highway Priority List
and is on a Fast Track Process.
(August 18, 2004). EPA became
a cooperating agency and took a
proactive role in the development
of the EIS required by NEPA and in
identifying any issues early in the
planning stages where we have
special expertise and permitting re-
sponsibilities by law. Region 6 of
the EPA participates on a monthly
basis on the Executive Interagency
Coordination Team made up of rep-
resentatives of the NTTA, City of
Dallas, Federal Highway Adminis-
tration, TxDOT, US Army Corps of
Engineers, and the Texas Commis-
sion on Environmental Quality.
The locally preferred alternative,
identified in the Trinity River Corri-
dor Balanced Vision Plan, proposes
that the Parkway be constructed
with all lanes on the inside of the
levee closest to downtown. The
alignment on April 13, 2005, and
it was adopted by the NTTA Board
of Directors on April 20, 2005. The
roadway will be built on an embank-
ment which will raise it above the
100-year floodplain, or will be pro-
tected from the 100-year flood by
floodwalls in those areas where the
roadway must fall below the 100-
year floodplain to go below the vari-
ous bridges. The NTTA is currently
preparing an EIS to evaluate this
alternative and its environmental
impacts. This EIS is being done in
conjunction with the Corps of Engi-
neers Dallas Floodway EIS, which
looks at the combined impacts of
the roadway, lakes and river chan-
nels in the downtown floodway
area. Construction of the parkway
will utilize material excavated from
the proposed lakes and wetlands
identified as part of the City of Dal-
las' master plan for the existing Dal-
las Floodway. An official "Record of
Decision" is expected for the Park-
way EIS in 2009, and construction
could be completed in 2013.
Other NEPA projects in FY 08 in-
clude the Trans Texas Corridor 35
through Texas in cooperation with
TXDOT, FHWA, and NTTA; the
Bayou Dupont, Whiskey Island, and
Barrier Island and Salt Marsh Proj-
ects for the Terrebonne and Tim-
balier Basins, and the El Segundo
Mine New Source NPDES Permit
NEPA review.
Page 23
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Compliance Assistance
F
X .-S Ml
tSuperCorribor CoalitionI
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I
Jf /yNortftrA m erica's
Israel Anderson with the Associ-
ate Director's Office participated
in the North America's SuperCor-
ridor Coalition (NASCO) work-
shop on Enviornmental Compli-
ance held in Laredo, Texas on
September 18, 2008.
Federal Facilities Work-
shop
On April 29-30, 2008, the Federal
Facilities Program hosted an Under-
ground Storage Tank (UST) Work-
shop for federal facilities personnel
who manage or oversee USTs. The
workshop provided an overview of
the regulatory history of the tanks'
programs, including some of the
key impacts of the Energy Policy
Act. The workshop educated fed-
eral facility personnel on regulatory
compliance requirements applica-
ble to USTs including a discussion
environmentally regulated goods
among North American countries,
identifying the challenges faced and
finding solutions for a more efficient
use of government resources and
outreach to importers and experts
in promoting such compliance.
The conference was hosted by the
National Center for Manufacturing
Sciences at the Laredo Community
College.
The North American Commission
for Environmental Cooperation
(CEC) is an international organiza-
tion created by Canada, Mexico and
the United States under the North
American Agreement on Environ-
mental Cooperation (NAAEC). The
CEC was established to address
regional environmental concerns,
of applicability, tank and piping leak
detection, spill and overfill preven-
tion, corrosion protection, and sus-
pected releases. Also, the federal
facility personnel was informed of
regulatory compliance require-
ments applicable to aboveground
storage tanks (ASTs) including ap-
plicability, spill prevention, control
and countermeasure plans, facility
response plans, storm water pol-
lution prevention plans, and other
federal requirements affecting ASTs
such as new source performance
standards. Fifty one federal facili-
ties personnel registered to attend
the workshop.
help prevent potential trade and
environmental conflicts, and top re-
mote the effective enforcement of
environmental law. This agreement
compliments the environmental pro-
vosions of the North American Free
Trade Agreement (NAFTA).
EPA Administrator Stephen John-
son is on the CEC council, which
meets at least annually to address
environmental issues. Also on the
council is the Canadian Environ-
mental Minister, John Baird, and
the Mexican Secretary for Environ-
ment and Natural Resources, Juan
Rafael Elvira Quesada.
This conference progressed envi-
ronmental relations between NA-
SCO, the CEC and associated gov-
ernmental agencies.
Compliance Assistance
Outreach Workshop for
Small MS4s
On April 8-9, 2008, EPA completed
the third of a four month Compli-
ance Assistance Outreach Work-
shop series for Small Municipal
Separate Storm Sewer Systems
(MS4s) permitted in Louisiana. The
workshop was held in Alexandria,
Louisiana and was well attended
by MS4 Directors of storm water
management programs for munici-
palities located within a 120 mile
radius. The workshops focus on
assisting small MS4s in measures
required for compliance with the
Small MS4 Permit and helping the
small MS4s enhance their storm
water management program, prior
to a possible audit from LDEQ and/
or EPA. The final workshop of the
series, for this fiscal year, will be
held on May 15, 2008, in Shreve-
port, Louisiana.
Page 24
The workshop focused on compli-
ance with environmental regula-
tions in the import and export of
ma
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-------
Federal/State Relations
The State Review Framework was developed by EPA arid the States as a set
of core standards for evaluating State enforcement program performance. It
also provides structure for evaluating and approving alternative approaches to
meeting core program requirements like inspection coverage.
The first round of all States completed:
Oklahoma - This year, Craig Kennamer received the ODEQ - Region 6
Strategic Partnership Award for his leadership in completing the first
state enforcement program review under the State Review Frame-
work (SRF) in Region 6. In 2008, ODEQ co-chaired 2 national work
groups that evaluated and revised the SRF protocol. The ODEQ is
to be commended for its leadership in the national SRF effort.
Arkansas - The Arkansas Department of Environmental Quality (ADEQ)
has been an active participant in the State Review Framework (SRF)
work group process evaluating the first round of reviews under the
SRF. ADEQ also represented the Association of State and Territo-
rial Solid Waste Management Officials in revising the SRF protocol.
Melanie Foster, Steve Drown and Ann Blake of ADEQ were recog-
nized by Region 6 for their leadership in the SRF process.
New Mexico - In 2008, the Region recognized Debra McElroy of the New
Mexico Environmental Department for her leadership in completing
the first State Review Framework (SRF) review in New Mexico. The
Region also recognizes NMED's help and support for the SRF, as
the first State agency in Region 6 to be reviewed under the revised
SRF protocol.
Louisiana - The Louisiana Department of Environmental Quality (LDEQ)
participated in the national work group process evaluating and revis-
ing the State Review Framework (SRF) protocol. Steve Aguillard
of LDEQ was recognized by Region 6 for his orchestration of the
Department's first SRF review.
- In 2008, the Texas Commission on Environmental Quality (TCEQ)
participated in the national effort to revise the State Review Frame-
work (SRF) protocol. The Region recognized Curtis Seaton of TCEQ
for his leadership in the SRF process for Texas. Under the SRF, Re-
gion 6 approved TCEQ's proposal to pilot its Risk Based Inspection
Strategy (RBIS) as an alternative approach to inspection coverage,
TCEQ's willingness to partner within the SRF structure could expand
benefits from the pilot to other States and Regions.
Page 25
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Tribal Partnerships
UIC
The Underground Injection Control
(UIC) program is to protect ground-
water resources from contamina-
tion due to underground injection
of fluids. Region 6 directly imple-
ments the UIC program on Indian
lands in the Region, except for in-
jection wells associated with oil
and gas production on lands of the
Five Civilized Tribes in Oklahoma.
We directly regulate 2435 injection
wells on lands of 18 Indian nations
in Oklahoma and New Mexico.
The Osage Na-
tion provided
reports of more
than 1150 injec-
tion well inspec-
tions that they
conducted un-
der a coopera-
tive agreement using grant funds
from EPA. In addition, EPA staff
conducted more than 511 inspec-
tions. During fiscal year 2008, we
sent more than 144 notices of vio-
lation to operators of 220 injection
wells.
These letters addressed more than
250 violations. In addition, we is-
sued 45 administrative compliance
orders to address violations at 95
injection wells, and one administra-
tive penalty order in which we col-
lected a penalty of $3836.
Finally, we referred one case to De-
partment of Justice for civil enforce-
ment action.
Drinking Water
The Drinking Water Program was
the recipient of $117,000 in OECA
funding to address Tribal issues. In
FY08, three projects were funded
with implementation in FY09.
1. In order to comply with the
new Groundwater Rule (GWR), it
is necessary to calculate the chlo-
rine contact time for each chlorina-
tor installed at tribal public water
systems using ground water as a
source. EPA contractors will collect
information to calculate the chlorine
contact time to assist water sys-
tems in meeting the necessary lev-
els of disinfection when they have
issues that trigger corrective action
under the GWR. EPA contractors
will assist tribes in the collection of
chlorine contact time data that will
be used to determine the required
chlorine residual that would result in
the required level of disinfection for
each disinfection unit
2. Compliance Assurance train-
ing and technical assistance will
be provided to Tribes on the imple-
mentation of current and new rules
for Arsenic, Stage 2 Disinfection
By-products Rule, Ground Water
Rule, and Total Coliform Rule. This
will include training on sampling
procedures and schedules, rule
implementation, operation & main-
tenance, including flushing and
cross-connection control, operator
certification, and trouble-shooting
for bacteriological issues.
3. At least four Tribal water sys-
tems will have to undergo Cryp-
tosporidium monitoring under Com-
pliance with the Long Term 2 (LT2)
Rule: Mescalero BIA, Mescalero
Community, Laguna Encinal, and
Cherokee Kenwood Water District.
The estimated cost for Cryptospo-
ridium analysis could be as high
as $12,000 per system. The Tribes
would not be able to afford the costs
of this analysis, and thus would not
be able to assess their source wa-
ter for the need of additional treat-
ment to remove Cryptosporidium.
Assessing the microbiological qual-
ity of water is important for public
health reasons, as our nation has
seen waterborne disease outbreaks
due to pathogens such as Cryp-
tosporidium.
Credentials
USE PA Delivers Signed Credentials
to the Pueblo of Sandia and NMED
- Albuquerque, New Mexico
On October 30, 2007, EPA Region 6
Surveillance Section Chief, Stacey
Bennett-Dwyer, and Management
Division's Regional Security Rep-
resentative, Alma Adams-Horvath,
delivered signed EPA Inspector
credentials to the Pueblo of Sandia
and to the New Mexico Environment
Department. These credentials will
allow Pueblo of Sandia and NMED
to conduct NPDES inspections on
behalf of the EPA.
Page 26
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Response Support Corps
The Response Support Corps was
created in Region 6 on April 3,
2003. It is composed of volunteers
who are willing to help the Region
respond to natural or man made di-
sasters which occur within the Re-
gion. To date, Response Support
Corps volunteers have assisted in
the Regional response to the Co-
lumbia Space Shuttle Disaster, Hur-
ricane Katrina, Hurricane Rita, Hur-
ricane Gustav and Hurricane Ike.
Response Support Corps volun-
teers provide administrative and
technical assistance to the Region-
al Emergency Operations Center
on the 8th floor and administrative,
technical and field assistance to
the Incident Management Team in
the field. Response Support Corps
volunteers are required to complete
a questionnaire summarizing their
experience and Incident Command
System (ICS) training courses (ICS
100, 200, 700 and 800). Field per-
sonnel are also required to have
completed the 40 hour health and
safety training, up to date annual
8 hour health and safety refresher
training, and baseline medical mon-
itoring.
In FY 2008, the Compliance Assur-
ance and Enforcement increased
the number of Response Support
Corps volunteers from 23 fully
trained in FY 2007 to 51 fully trained
in FY 2008. This is an increase of
122%. Thank you to all of our vol-
unteers who are willing to assist the
Division and Region in responding
to national emergencies.
If you are interested in becoming a
Response Support Corps volunteer,
please see Stacey Bennett-Dwyer
or Robert Murphy for more informa-
tion. All Response Support Corps
members who have completed an
orientation session and training will
receive a shirt identifying you as a
Response Support Corps volun-
teer.
Page 2/
-------
Innovative Management Tools
Electronic Voluntary Audit Policy Disclosure
Early in 2007, Regional Counsel
approached the Enforcement
Division about improving the
process for reviewing Self Dis-
closures under the Audit Policy
so that Notice of Determinations
can be handled more expedi-
tiously. This project was then
proposed and selected as one of
Mayor Greene's Regional Geo-
graphic Initiatives for 2007. One
of the approval conditions was
that it would provide improved
interaction with the regulated
community through electronic
reporting.
The Enforcement Division began
this project by working with Re-
gional Counsel, OECA and vari-
ous legal experts in Headquar-
ters. The goal was to develop a
system that resulted in shorter
processing times to arrive at a
Notice of Determination while
minimizing the paperwork.
Audit Performed
Report Submitted
Supervisory Review
Director Approval
eDeterrnination
After Region 6 initiated the
project, OECA decided that
they wanted to start a project
similarto ours, but on a nation-
al scale and for EPCRA cases
only. Since the two projects
were very similar, we began
working together on solving
the legal and technical issues.
Even the Administrator's office
provided assistance through
their Lotus Notes expert.
The project became opera-
tional in August 2008 and the
first Audit Policy Disclosures
have been made electroni-
cally. We are still working on
the project to improve the in-
formation necessary for the
technical reviews, but overall
the system is working as ex-
pected and we hope to see
some improvements in the
time it takes to produce Notice
of Determinations.
Most importantly, this project is
all electronic as described in the
Regional Geographic Initiative
application. The regulated com-
munity and EPA communicate
through electronic documents,
with the ability to steer a case
to a manual process if some
non-standard issue comes up in
processing. However, for most
cases, the original report submit-
ted to EPA, to technical and le-
gal review, and finally to the final
determination, will all be handled
through electronic documents
stored on EPA Region 6 secure
servers.
More information on this proj-
ect is available on the Region 6
eDisclosure web page at http://
www.epa.gov/region6/6en/x/
self-disclosure.htm and OECA
has a eDisclosure web page at
http://www.epa.gov/compliance/
incentives/auditing/edisclosure.
html.
eRouting, once a "bitter" pill is now
i"sweet,"
Since March 2008, CAED has been
eRouting documents. eRouting is
an electronic version of the routing
slips along with the correspondence.
eRouting is a Lotus Notes applica-
tion that keeps all the documents
in one database. This eliminates
figuring out who has it. An email is
sent with a summary and a link to
the entry in the database. This cuts
network traffic down to a bare mini-
mum. With the document link you
go straight to the Routing Slip and
do not have to search the database.
Utilizing "Track Changes" in Micro-
soft Word, all additions, changes,
or deletions in the document are
tracked. Once finished, the "Rout-
ing Slip" is routed to the next per-
son on the list. When the Routing
Slip reaches supervisors, changes
are incorporated. When it is ready
for final signature, the document is
printed. Once signed, the document
is PDF'd and attached to the routing
slip in the database then closed.
The database has different views to
show who has the routing slip and
if documents are overdue. "Office"
and "Category" are also views avail-
able in the database. This provides
the ability to measure workload and
reallocate resources to accomplish
priorities.
Future plans/projects -
intergrade into systems (FOI,
Controls, etc.)
introduce to Region 6 Divisions
introduce to Headquarters
interface with Electronic Content
Management System (ECMS).
Page 28
-------
Innovative Management Tools
Created in 2008, The Training Place
is a one-stop web site for training.
Most of the current links are to ses-
sions provided by and/or to Region
6 or the nation.
Training is the acquisition of knowl-
edge, skills, and competencies. It
may teach vocational or practical
skills, policies, standard operating
procedures, or step-by-step pro-
cesses. Basic training is required
but there is also a need to continue
training beyond initial qualifications
to ensure that employees maintain
a skill or certification, refresh cur-
rent or update skills. Also referred
to as "professional development"
the "Training Place" is a catalyst for
achieving this type of training.
Electronic learning, or eLearning, is a
general term used to refer to a form
of learning in which the instructor and
student are separated by space or
time. The training course can be com-
puter based, CD based, or even web
based allowing for the training to be
taken any time, anywhere.
fe
r l
rtr
O
i'ST
This works great for Annual Man-
datory Training. No need to try
to get everyone together at one
time.
6) New employees training.
Procedures and Policies can be
put into eLearning. Even step by
step instructions.
This not only saves money but helps
the environment.
Benefits to eLearning are:
1) Convenient training time.
Training can be taken day or night
2) Convenient training place.
Training can be taken at home, the
library, or any Internet Hot Spot
3) Lower training costs.
The employee can retake the train-
ing as many times as they need.
4) Better trained employees.
Better visual training and the
opportunity to take again.
5) Refresher training.
Several training modules have been
developed for eLearning as follows:
Digital Camera Guidance for EPA
Civil Inspections and Investiga-
tions
eRouting Training
QA Project Plan (QAPP) Training
eLearning eliminates the need for
printing manuals, hand outs, and
materials. Materials can be PDF'd or
saved in other electronic formats. This
will allow the employee to access the
materials from the network or their PC.
Page 29
-------
Innovative Management Tools
Real Time Enforcement
Real Time Enforcement: A pi-
lot project utilizing technology
to more efficiently identify viola-
tions and to address them in a
timely manner, while answering
any questions the facilities may
have about compliance.
Comliance inspections were
conducted at the B&R Dairy lo-
cated near Sulphur Springs,
Oklahoma, and the Barta Dairy
in Perkins. Record keeping and
lagoon maintenance violations
were identified and addressed
by administrative orders that
were issued by EPA within 24
hours of the inspections. The
actions were hand delivered and
reviewed with facility owners.
Facility Name
Inspection Date
Order Date
Belle Vue Dairy
March 12, 2008
March 14, 2008
Cal-Maine Egg
July 7, 2008
July 23, 2008
Petal Dairy
March 13, 2008
March 14, 2008
Tallgrass Petro.
January 28, 2008
January 30, 2008
Petal Dairy
Saltillo, TX
After
Before
Cal-Maine Egg
Green Forest, AR
Runoff from Mortality Com
post Pile to a Pond.
Page 30
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Training
NEPAssist Training:
CAED held NEPAssist training ses-
sions to support mapping for case
development. A total of 73 people
were trained for a total number of
users of about 168. This includes
EPA staff, IBWC, TPWD, CAMPO,
NCTCOG, and Tribal staff. We
are working with external groups
through our pilot project, "NEPAssist
Collaboration Project." These part-
ners have agreed to share data
and funds to collaborate on making
NEPAssist a better tool.
NPDES Inspector Workshop
The 12th Annual NPDES Inspec-
tor Training Workshop was held
from April 29 through May 1, 2008,
in Oklahoma City, Oklahoma. The
training was co-hosted by the Okla-
homa Department of Environmental
Quality. Approximately 150 inspec-
tors, representing the Region 6
States, Tribes, EPA, and local gov-
ernments were in attendance.
Air Inspector Workshop
EPA Region 6 Enforcement Divi-
sion staff is hosting, in coordination
with the Louisiana Department of
Environmental Quality (LDEQ), the
11th annual Air Inspector Workshop
February 26-28, 2008. This course
includes 33 speakers and was de-
veloped for the purpose of increas-
ing the inspector's knowledge of
Clean Air Act permits and regula-
tions, field inspection capabilities,
knowledge of regulated processes
and environmental management
systems, and to improve the ex-
change of information between the
States, Tribes, Federal and local
programs.
Currently, 190 inspectors from EPA,
all Region 6 States plus several
states outside Region 6 (Kansas,
Iowa, Ohio, Idaho, Arizona, Florida,
Nevada, South Carolina, several
Tribal Communities, EPA Regions
2, 5, 7, 10, OAQPS and several
municipalities such as the City of
Houston, Galveston County Health
District, Cities of Tulsa, El Paso,
Fort Worth, Albuquerque and sev-
eral Regional Air Protection Agen-
cies have pre-registered for the
workshop.
RCRA Inspector Training
Workshop
South Padre Island, Texas
EPA, Region 6 Enforcement Divi-
sion staff, in coordination with the
Texas Commission on Environmen-
tal Quality (TCEQ), hosted the 23rd
annual RCRA Inspector Training
Workshop on April 1-3, 2008, at the
Radisson Hotel - South Padre Is-
land, Texas. The RCRA Workshop
was developed for the purpose of
increasing inspectors' knowledge
of investigative techniques, hazard-
ous waste treatment RCRA regula-
tions, environmental management,
and to improve the exchange
of information between Fed-
eral, State, and Tribal pro-
grams. The training workshop
also supported the Regional goal
of conducting nationally advertised
workshops. Approximately 120
inspectors attended the training
course. Registered attendees were
from multiple EPA regions, all five
Region 6 states, and, several states
outside Region 6 (South Carolina,
Utah, Vermont, and North Da-
kota). In addition, representatives
from the Shawnee Tribe and the
Brownsville Local Emergency Plan-
ning Commission also participated
in the RCRA Inspector Workshop.
The RCRA Workshop was a suc-
cess and was greatly appreciated
by the attendees.
Leadership Development
Program
ComplianceAssuranceand Enforce-
ment Division graduated five super-
visors from the first offering of the
Region 6 Leadership Development
Program. Stacey Bennett-Dwyer,
David Garcia, Cathy Gilmore, Di-
ane Taheri, and Rhonda Smith suc-
cessfully competed the program in
March of this year. Another program
started in July and we have five par-
ticipants this time. They are Debra
Griffin, Mark Hansen, Troy Stuckey,
Sunita Singhvi and Carol Peters.
This year-long program includes
continuing 360 degree feedback,
17 days of class work including
experiential exercises, prescribed
readings, development of individ-
ual Focused Development Plans,
intensive study on specific subjects
related to leadership and 3 group
projects chosen to benefit Region 6
at completion.
Speed of Trust
Speed of Trust training was held for
the CAED and Regional Counsel for
Enforcement management teams to
enhance their credibility, behavior
skills and to promote and increase
trust levels between staff and man-
agers. This training also supports
the Region's mission to become
a high performance organization.
Page 31
-------
Civil Enforcement Training
CAED and the Office of Regional Counsel hosted the second
annual training "Civil Enforcement Training II" for Region 6 on
September 17-18, 2008. This year the presentations were
made on programs and statutes not previously covered. Some
of the programs were FIFRA, EPCRA, NEPA, Tribal, UST,
wetlands and more. Litigation hold guidelines, eDiscovery,
eRecords, FOIA, and the new discovery rules were discussed.
Innovative automation products such as eDisclosure, eRouting
and eLearning modules created by CAED were also
demonstrated. Feedback from the employees was excellent.
The majority of CAED and Regional Counsel Enforcement staff
participated. The Agenda with links to presentations (just
mouse-over topics and click if the pointer comes up) is
available at: http://reqion6.epa.gov/intranet/6en/Traininq/08-
0917-18Civ/Aqenda.pdf
Did You Know?
eDiscovery includes electronically
created documents. The list includes
the hardware, software and server that
the document was created on and
traveled by.
The list doesn't stop there, if email or
instant messaging (IM) was used to
transport the document, the ISP may
also be part of the discovery request.
"A requestor can ask for anything, but
the court will balance the probative
value of the information sought against
the burden and cost of producing it."
Pam Travis, R6, Attorney
5 MAJOR !>[Know Rcpottm*
(xrctioru 311 312)
ฆ T.ttl Rrt< w tnunlnn (TIM lUpMths
===ฆ5===^ ^-ts?csai
X I won* HI-ฎ
Page 32
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Air/Toxics Vision
Air/Toxics Inspection and
Coordination Branch
- David F. Garcia -
VISION: To produce enforcement
cases and/or enforcement activities
that result in a significant environ-
mental impact that improves the
quality of the air, human health and
the environment.
FY09 IMPLEMENTATION:
In FY2009, the Air/Toxics Inspection
and Coordination Branch will have
many workload challenges as we
are a Region surrounded by many
opportunities. Air enforcement cas-
es that result in significant injunc-
tive relief, emission reduction and
environmental gain will continue to
be a high priority. To target such fa-
cilities, we utilized the states emis-
sions inventory, the federal Toxic
Release Inventory, and risk model-
ing tools, to evaluate potential off-
site impacts. With such a focus in
mind, the Branch will shift some
Surveillance resources from con-
ducting "fence to fence" full compli-
ance evaluations to target specific
partial compliance evaluations, in
addition, to support enforcement
case development, the Branch an-
ticipates an increased number of
information requests sent to com-
panies.
New Source Review (NSR) contin-
ues to be a National priority with a
focus in the following sectors: Coal-
fired Power Plants, Acid Plants, Ce-
ment Plants and Glass Manufac-
turing. These investigations have
revealed that many facilities fail to
obtain permits or install necessary
controls for modifications subject to
NSR. The Branch will continue to
support and help resolve pending
State Implementation Plans that are
under 6PD review (i.e., Flexible Per-
mits and Excess Emissions Rule).
Another top priority for the Region
is Air Toxics - Maximum Achievable
Control Technology (MACT) compli-
ance. Region 6 Air Toxics problem
areas include leak detection and re-
pair (LDAR) programs at bulk termi-
nal facilties and flaring at chemical
plants. We believe widespread facil-
ity noncompliance exists with LDAR
practices and, among other issues,
compliance with industrial flaring
destruction efficiency requirements.
In addition to verify MACT compli-
ance, the Branch will implement an
expedited enforcement program
targeted at facilities having acci-
dents and/or explosions.
Other Regional priority work in-
cludes investigations with small re-
fineries, consent decree follow-up,
carbon black facilities and 112(rj
Risk Management Plans. In addi-
tion, we will maintain an oversight
presence in our state enforcement
programs, and minimize the back-
log of NSPS/NESHAP Alternative
Monitoring Plans/Applicability De-
terminations, Consent Decree im-
plementation and self-disclosures
submitted from companies.
Houston Smog
Page 33
-------
Hazardous Waste Vision
Past, Present arid Future of the
Hazardous Waste Enforcement
Branch
Mark Hansen, Associate Director
The Past
in May 2006, I shared with our
Branch a 3-year vision which in-
cluded the following elements:
To migrate from a contract fund-
ed inspection program to one in
which we use in-house expertise
to achieve our Commitments
To foster an atmosphere of chal-
lenge and passion for our work
activities
To develop and implement man-
agement systems to track and en-
courage progress on work activi-
ties
To have exceptional professional
relationships with our States and
Tribes
To refocus our Corrective Action
program on bringing more facili-
ties into CA through appropriate
enforcement tools
To be recognized as the best
RCRA enforcement program in
the US
I believe we are well on our way to
achieving these elements. These
changes have come with significant
changes, both in personnel and in
work assignments and I believe we
have weathered them well. Thank
you for working through these
changes with me and for your ideas,
suggestions and work in support of
improving our Branch.
The Present (FYQ9)
For 2008, we met our Branch refer-
ral projection a week after the third
quarter concluded. Our contribution
helped the Division meet our refer-
ral projection at the same time. This
is really huge in my mind since for
many years, we struggled mightily
in the 4th quarter to meet our com-
mitments at the last minute. We are
working conceitedly with our col-
leagues in ORC to meet all of our
ACS commitments and projections
in the third quarter for a variety of
reasons. Most importantly, it really
reduces the stress that we all incur
when commitments are achieved at
the last minute or fail to be met be-
cause we simply run out of time. It
also gives us pause to plan for the
upcoming year. In FY09, we plan
to continue to build on this success
and achieve our commitments prior
to the beginning of the 4th quarter.
I also see us crossing Section
boundaries to achieve greater en-
vironmental benefits from our ac-
tions. Over the past several years,
we have reduced the number of
inspections we are conducting in
various TSCA programs (AHERA,
Lead-based paint, etc.) and our col-
leagues in the TSCA program have
volunteered to help out with a vari-
ety of RCRA enforcement activities.
I encourage and support this contri-
bution and encourage you to think
of ways that you can assist our col-
leagues.
I also see us using our enforcement
tools creatively to gain better com-
prehensive environmental compli-
ance. In FY08 we issued numerous
imminent and substantial endan-
germent orders as well as orders
to assess and determine the nature
and extent of contamination caused
by releases. From my perspective
this is the core function of our Cor-
rective Action Section and our col-
leagues in this Section are gaining
substantial environmental benefit
from their actions.
Wth respect to Staff resources,
I don't see the coming years as a
period when we will gain significant
positions, travel dollars, or extramu-
ral resources. The work we are, and
likely will be, doing will become more
complex and intensive. I believe
we will need to continue to stream-
line our activities for efficiency and
outcomes, as well as increase our
collaboration with our colleagues
within EPA and our States.
The Future
I believe that meaningful work and
passion for our jobs are integral to
building a great organization. My vi-
sion for our Branch is simple; Let's
take our organization from Good to
Great. In Jim Collin's 2001 Book
titled "Good to Great : Why some
companies make the leap and oth-
ers don't" Mr. Collins concludes
that great companies are those that
focus their resources on a common
area of strength. I believe we need
to continue to focus on using our
enforcement tools wisely, strategi-
cally, and work towards making the
processes that are in our control
more efficient.
I'd like to focus this year on con-
tinuing to forward load our work
in the fiscal year (completing our
commitments earlier in the fiscal
year) and planning our work better
to keep our work products moving.
This includes holding ourselves and
colleagues accountable for our in-
dividual contributions to our work
activities. Iri addition, I'd like to see
us make additional progress in bal-
ancing our referrals and administra-
tive actions, whether administrative
orders or administrative penalty or-
ders. I'd also like to work with our
colleagues in OECA to help refine
a national strategy for surface im-
poundments with an end game and
exit strategy defined.
Our responsibility after all is to ef-
ficiently serve the communities
we represent and I encourage our
Branch, Division, and Region to do
so with a passion for excellence in
all that we do. Please join me in
pursuing this passion.
Page 34
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Water Branch Vision
Mike Michaud, Associate Director
The Water Enforcement Branch has
made great strides in changing our
focus to address environmentally
significant issues. These efforts will
continue in FY09 as we address
the national wet weather priorities,
Concentrated Animal Feeding Op-
erations (CAFOs), Sanitary Sewer
Overflows (SSOs) and Construc-
tion Stormwater, including large
homebuilders, big box stores, and
sand and gravel operations with
ready mixed concrete plants. Our
successful efforts to work coopera-
tively with our State partners to also
address these significant issues
will continue through FY09 and be-
yond.
With our successes, we have also
had our challenges. The Rapanos
Supreme Court Decision has had a
significant impact on what the agen-
cy defines as "Waters of the United
States". We have been and will con-
tinue to work with EPA Headquar-
ters and the Department of Justice
to further define and make jurisdic-
tional determinations on "Waters
of the United States." We are also
working closely with each of the
Region 6 States to migrate from the
use of PCS to using ICIS. Arkansas
and Oklahoma have just recently
migrated. Texas and Louisiana are
scheduled to migrate in April 2009.
Innovation will continue to be a sig-
nificant activity as we move forward
with the NPDES, UIC and Drink-
ing Water Enforcement programs.
The use of short order formats will
be extended to all of the programs
within the Branch. We will also con-
tinue our efforts to use specialized
analytical methodologies and data,
including mobile nutrient monitor-
ing, bacterial genotyping and radio-
chemistry to assist in our determi-
nation of environmental impacts
and releases off-site. The real time
enforcement pilot project that has
been pioneered in the CAFO pro-
gram will be expanded to the other
programs, including the stormwa-
ter program, on-shore oil and gas
program, the UIC program and the
Drinking Water program.
The changes we are making are
on the cutting edge and reflective
of the dynamic nature of the Wa-
ter Enforcement Programs. It is
an exciting time to be a part of the
Drinking Water, NPDES and UIC
Enforcement programs.
Page 35
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Strategic Planning and Analysis Vision
Debra A. Griffin, Associate Director
!nFY2009,wewil!useacollaborative
approach to solutions with partners
to achieve our goals. We will launch
a campaign for all emloyees in our
November newsletter.
We will collaborate with the CAED
branches to continueimplementation
of a planning and targeting strategy
to evaluate compliance concerns
against potential adverse impacts
to the environment. This new
strategy will shift up the time frame
for targeting and allow an extended
time for pre-inspection planning.
The goal is to provide inspectors and
enforcement officers with specific
information regarding potentially
violating sources or units within a
facility.
We will continue to use our Pollution
Prevention Program to promote and
grow sustainable systems for waste
reduction for local entities, industry,
and small business. Forthe last year
and a half we have partnered and
collaborated with the North Texas
Council of Governments, the Texas
Commission on Environmental
Quality, and the City of Dallas to
provide coached Environmental
Management Systems (EMS)
training to eleven municipalities, and
the Dallas Cowboys. In September
2008, we awarded a grant to the
University of Texas at Arlington, and
the Texas Manufacturing Assistance
Center. They will conduct EMS
and Lean and Clean workshops in
Oklahoma and Arkansas, and work
with us to establish a Houston area
Regional EMS Workgroup similar to
the North Texas Regional EMS Work
Group. We also awarded a grant
to New Mexico State University
that will enable us to expand the
coached EMS workshop to New
Mexico. I am very excited about
the opportunity these programs will
provide for new membership into
our Performance Track Program
and other voluntary programs at
the state, local and federal levels.
These grants support our national
and regional priorities for all media
and the participants will not only
reduce waste but they will save
money as a result of some of the
new strategies they will learn.
We serve as the catalyst to
streamline our Division's processes
and procedures by providing
additional electronic management
tools. We will develop electronic
reporting mechanisms to measure
and report our accomplishments
in the National Environmental
Policy Act/Clean Air Act Section
309 (NEPA/309) Compliance and
Employee Training. We will expand
our electronic Learning Center and
the Training Place. We will work
collaboratively with other Divisions,
Regions and Headquarters to share
our e-Routing system in support
of the Agency's Environmental
Management System.
We will continue to be innovative
in our approach to compliance
assistance activities and lookfornew
opportunities to provide technical
expertise. We have volunteered
to pilot a new approach in ICIS to
include and track NEPA/309 reviews
as compliance assistance activities.
Under NEPA, we will continue to
team with the Texas Department
of Transportation, the Federal
Highways Administration, the U. S.
Army Corps of Engineers and others
on major transportation projects
Regions, HQ CAED
& Other Branch*
^ Feds & Staf
States /,\ / i O
Tribes & / V\ / \ N
Locals / \ \ / \
52
such as 1-69, Trans Texas Corridor
35, and the Trinity Parkway. We are
also leading an effort with Regions
4, 5, and 7 to coordinate NEPA
activities for multiple hydrokinetic
energy projects in the Mississippi
and other major river basins as
well as the Gulf of Mexico. We will
continue to partner with Region 8
on the Federal Leadership Forum
for energy projects in the west on
public lands. As the number of
energy projects increase, we will
develop approaches for review of
upcoming projects such as several
planned nuclear energy projects and
other energy pipeline and drilling
projects; integrating these into the
traditional enforcement activities.
We will provide leadership in the
implementation of "WE CARE"
values within our Division. We will
continue to base our targeting,
tracking initiatives, partnership
programs, pollution prevention,
Performance Track, and NEPA/309
programs on Environmental
Stewardship and Excellence and we
will be accountable for our programs
and actions. We will continue to treat
each other and our partners with
respect and exhibit the character
needed to excel in everything that
we do. We will assume a lead role
in the Compliance Assurance and
Enforcement Division in integrating
the WE CARE values into our daily
activities and actions.
MMkj Collaborative Solute*
R6
ss Divisions
f & Offices
Citizens &
Enviros
Trade
Associa-
tions
Page 36
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