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Compliance and Enforcement Quick Finder

 


Supplemental Environmental Projects (SEPs)

SEPs are environmentally beneficial projects that a violator voluntarily agrees to undertake during settlement of an enforcement action.The purpose of a SEP is to secure significant environmental or public health protection improvements beyond those achieved by bringing the violator into compliance.  The violator is not legally required to do the work.  A cash penalty may be lowered if the violator chooses to perform an acceptable SEP.  An acceptable SEP must improve, protect or reduce risks to public health or the environment, and have a relationship with the violation.  EPA does not manage or control the money for the project.  EPA does provide enough oversight to ensure that the company does what it promises to do.   Additional information regarding SEPs.

WE WANT YOUR IDEAS!

This web site was created as a tool for Region 6 to enhance community involvement. A library has been created for your SEP ideas. These ideas may be considered by violators of Federal environmental laws during the case negotiation process. Please realize that SEPs are not mandatory and there is no way to ensure that your project will be adopted. The project must relate to the environmental violation. Other legal requirements also should be met. Therefore, many ideas, such as a playground or an employment center, do not meet legal requirements and are not appropriate to propose as a project. If you would like to send an idea click here.

SEP Categories: EPA has set out eight categories of projects that can be acceptable SEPs. To qualify, a SEP must fit into at least one of the following categories:

  1. Public Health: SEPs may include examining residents in a community to determine if anyone has experienced any health problems because of the company's violations.
  2. Pollution Prevention: These SEPs involve changes so that the company no longer generates some form of pollution. For example, a company may make its operation more efficient so that it avoids making a hazardous waste along with its product.
  3. Pollution Reduction: These SEPs reduce the amount and/or danger presented by some form of pollution, often by providing better treatment and disposal of the pollutant.
  4. Environmental Restoration and Protection: These SEPs improve the condition of the land, air or water in the area damaged by the violation. For example, by purchasing land or developing conservation programs for the land, a company could protect a source of drinking water.
  5. Emergency Planning and Preparedness: These projects provide assistance to a responsible state or local emergency response or planning entity to enable these organizations to fulfill their obligations under the Emergency Planning and Community Right-to-Know Act (EPCRA.) Such assistance may include the purchase of computers and/or software, communication systems, chemical emission detection and inactivation equipment, HAZMAT equipment, or training. Cash donations to local or state emergency response organizations are not acceptable SEPs.
  6. Assessments and Audits: A violating company may agree to examine its operations to determine if it is causing any other pollution problems or can run its operations better to avoid violations in the future. These audits go well beyond standard business practice.
  7. Environmental Compliance Promotion: These are SEPs in which an alleged a violator provides training or technical support to other members of the regulated community to achieve, or go beyond, compliance with applicable environmental requirements. For example, the violator may train other companies on how to comply with the law.
  8. Other Types of Projects: Other acceptable SEPs would be those that have environment merit but do not fit within the categories listed above. These types of projects must be fully consistent with all other provisions of the SEP Policy and be approved by EPA.
National Information

Publications

ECHO - Enforcement and Compliance History Online

Following are projects companies have agreed to perform as part of case settlements during FY 08 -

Texas

SEP by Texas Municipal Power Agency (TMPA) $150 Vouchers for Electric Lawnmowers

Citizens of Bryan, Denton, Garland and Greenville, Texas can receive $150.00 vouchers to purchase corded and/or uncorded electric lawnmowers, from select retailers. TMPA, a municipal power agency, was issued a Complaint and Consent Agreement and Final Order (CCAFO) by EPA, Region 6, for violations of the Clean Air Act (CAA) at its Gibbons Creek Steam Electric Station in Grimes County, Texas. Title V and NSPS violations were cited. The CCAFO was filed May 20, 2008. TMPA has since corrected the infractions and is in compliance with the CAA

The SEP has the potential to reduce 37 tons of greenhouse gases and other pollutants per year. A traditional gas powered lawn mower produces as much air pollution as 43 new cars each being driven 12,000 miles.

TMPA settlement penalty is $26,250 with a SEP in the amount of $78,750 to provide lawnmower vouchers for the citizens it serves in the four cities listed above.

Equistar Global – LA & TX

The $6, 060,000 SEP for this facility in Channelview, Texas is for a CPI vent recovery system. On January 26, 2008 the final order was entered by US DOJ.

Premcor Refining Group

Citizens of Port Arthur benefits from the $2,275,000 dollars Premcor will spend on supplemental environmental projects (SEPs).

  • One million dollars will be used to assist the Gulf Coast Health Center
  • $500,000 will be spent for Shelter-in-place air control systems in 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 refinery in Port Arthur

Premcor has Clean Air Act violations at several facilities around the country.   The final Order was entered by the US Department of Justice (DOJ) on November 20, 2007.

Allen Brothers

As a result of violating the Clean Water Act, the Allen Brothers $26,718 SEP is for invasive species control.

Oklahoma

Dale Corbin

This $4,573 SEP will be used to remediate and restore areas damaged by brine discharges, construct secondary containment, equipment repairs, removal of tanks; and, to install a sump pump.

Midwest Oil Company

This $45,219 SEP will be used to move the tank battery facility away from the impacted water body.  They will remediate and restore areas damaged by brine discharges, replace old tanks with new ones and, install a sump pump.

Williford Petroleum, LLC

This company will install a sump pump as their $1,034 SEP.

Muscogee (Creek) Nation of Oklahoma (UST)
As a result of violations of the Resource Conservation and Recovery Act, the Muscogee Creek Nation has a $61,800 SEP to install electronic line leak detectors at both facilities, provide potable water from Okmulgee Rural Water District #6 to the Snake Creek Baptist Church through the installation of a water line.

New Mexico

City of Rio Rancho

The City will spend 32,400 for their supplemental environmental project to remove approximately 200 to 200 tons of undergrowth and tree litter, including salt cedar, dead trees and other fuels from the North Bosque section of the Rio Grande.  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.

Air/Toxics Inspection & Coordination Branch - works with state, local and tribal governments, other federal agencies, businesses and community groups to implement and enforce the CAA regulations.

Hazardous Waste Enforcement Branch - provides guidance on all aspects of managing hazardous wastes and chemical substances; and offer compliance assistance to citizens, facilities, States, and Tribes.

Water Enforcement Branch - assures compliance and takes appropriate enforcement action against facilities for violations of the Clean Water and Safe Drinking Water acts, including animal feed lots, stormwater. Additional water quality information in Region 6.

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