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Compliance and Enforcement Annual Results:
FY2007 Compliance Assistance Activities Highlights

FY2007 Annual Results Topics

Compliance assistance is defined by EPA to include activities, tools or technical assistance which provide clear and consistent information to help the regulated community understand and meet its obligations under environmental laws and regulations and to aid other assistance providers in the development and delivery of compliance assistance tools. EPA partners with other compliance assistance providers, such as state and local governments, small business providers and industry trade associations, to develop and deliver compliance assistance resources such as checklists, websites, fact sheets, compliance guides, training materials and workshop

Following are examples of compliance assistance delivered this fiscal year:

TCE Alternatives Project

Compliance Assistance offered by EPA Region 1 and the Rhode Island Department of Environmental Management reduced the emissions level of trichloroethylene (TCE), a degreaser used to clean metal parts, resulting in facilities returning to compliance with environmental laws, and in several instances eliminated the use of TCE entirely.

Ambient TCE levels as high as 4 parts per million were found in Olneyville, an Environmental Justice section of Providence, Rhode Island.  Investigation found that these levels were caused by non-compliance with the Halogenated Solvent MACT, including proper equipment to prevent emissions.  TCE is a volatile organic compound that affects the central nervous system causing headache, nausea, and dizziness.  TCE is a carcinogen, and can damage the liver and kidneys, damage facial nerves, and cause skin rash.  TCE vapor in the air can irritate eyes, nose and throat, and contribute to asthma and other respiratory diseases

In 2006, forty facilities using TCE were identified as a result of a door-to-door search of old mill buildings in Providence.  After providing compliance assistance, site visits were performed and EPA determined that some facilities had come into compliance, some went out of business, and some switched to a less harmful, aqueous cleaning system or eliminated their TCE-based cleaning process entirely.

During 2007, EPA focused its assistance efforts on the 28 facilities still using TCE.  EPA, in partnership with Rhode Island Department of Environmental Management, Department of Public Health, Narragansett Bay Commission, and the Massachusetts Toxics Use Reduction Institute, worked together to help these facilities switch to a less harmful alternative cleaning process.  This partnership sponsored a workshop in Rhode Island to demonstrate alternative cleaning processes, including ultra sound and different detergent cleaners.  EPA conducted on-site visits that included gathering samples for testing at the Massachusetts Toxic Use Reduction Institute, and doing bench scale trials to determine effectiveness of alternative processes.  Three companies have eliminated the use of TCE in their cleaning processes, eliminating approximately 25,000 pounds of TCE from use, and the environment, per year. 

The lessons learned from this initiative will be transferred to a national effort EPA Region I is leading with the Department of Defense to eliminate the use of TCE in the processing of military belt buckles and insignia.

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Multi-Year Integrated Strategy for Funeral Home Compliance with the Safe Drinking Water Act

Funeral homes in Region 2 were found to be injecting embalming waste fluids into Underground Injection Control (UIC) wells, which are regulated by the Safe Drinking Water Act.  Formaldehyde and phenol are principal constituents of embalming chemicals, which present human health risks, if ingested in drinking water.  Bloodborne pathogens and pharmaceuticals can also be present in embalming waste fluids. 

Region 2 developed a Funeral Home Initiative with four goals: 1) improve environmental compliance with UIC regulations at funeral homes over Underground Sources of Drinking Water (USDW); 2) prioritize environmental compliance as part of funeral homes’ normal operations; 3) ensure compliance of the entire business sector, not only facilities that are inspected; and 4) ensure continued compliance through permanent changes.  Region 2 implemented this initiative with local and state agencies, and the New York State Funeral Directors Association.    

To date, 58 EPA UIC inspections identified 26 facilities practicing on-site embalming waste fluid injection.  Twenty-five of these funeral homes voluntarily ceased injection into their UIC wells, prior to inspection.  They are remediating contaminant residuals from former injection of waste embalming fluids.  Waste fluid generation from embalming is reduced from at least 120 gallons to only 5 gallons.  About 288,000 gallons of tap water per year for the 25 facilities, are being saved.  Wastes from waterless aspiration are now managed as medical wastes.

Twelve of the EPA inspected funeral homes operated Large Capacity Cesspools (LCP) for disposal of embalming waste fluids and sanitary wastes.  LCP’s were banned by EPA on April 5, 2005.  Funeral homes operating the banned LCP’s were issued Non-Penalty Orders for Compliance, requiring them to cease injection to LCP’s and remediate any residual contamination.  Rapid compliance is being achieved.

As a result of this initiative, there is now increased regulatory compliance and pollution reductions among funeral homes; implementation of innovative technology to eliminate embalming fluid injection, while concurrently reducing water consumption; and lowered risk from former injection of embalming fluids to USDW’s.  Results indicate enhanced knowledge of and compliance with regulatory requirements; prevention or mitigation of risks to USDW’s; and conservation of potable water.  In addition, approximately 20 cubic yards of contaminated material, per facility UIC well, are being addressed. 

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Federal Facility Laboratory Compliance Assistance Initiative

EPA's Federal Facility Enforcement Office identified federal facilities with laboratory operations as a national enforcement priority due to significant compliance and environmental concerns at these facilities.  EPA has observed many poor or inappropriate storage and disposal practices at labs, such as:

The environmental benefits associated with compliance with environmental laws and regulations are the reduction of hazardous chemical substances and waste products, the prevention of adverse health effects, and a reduction of environmental impacts. 

In 2007, as part of its Federal Labs Integrated Strategy, EPA developed and delivered live training to federal lab staff and managers.  The training provided an overview of federal lab environmental regulatory requirements, pollution prevention strategies and Environmental Management Systems (EMSs).  It was given in six locations around the country in 2007 and will be given again in additional locations in 2008.  EPA expects to reach 300 to 400 federal lab practitioners, from a variety of federal lab operations, with this training.  For more information and to register, go to FedCenter, the environmental stewardship and compliance assistance center for federal agencies.

On a regional level, in fiscal year 2007, Region 7 offered compliance assistance to 31 facilities with lab operations in the four states of Iowa, Kansas, Missouri, and Nebraska.  Thirteen facilities, or 42%, accepted this voluntary offer.  Following each compliance assistance visit, Region 7 conducted a phone survey to determine what outcomes each facility had achieved.  As a result of the compliance assistance visits, most of the facilities improved their laboratory management practices.  Specific examples include: 

All the labs said they would try to better control chemical purchases to minimize disposal issues.  Two of the labs said they would inventory and dispose of all old and unnecessary chemicals greatly reducing on-site storage. 

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Clean Air Act Compliance Assistance Plan for Tribal Facility

There is a large amount of energy production currently underway in Region 8, especially in Indian country (i.e., on tribal lands).  With this rapid development, come air emissions, which are generated throughout the energy production process.  Collectively, energy production has a significant impact on air quality in Region 8 and the West.  Through the implementation of pollution controls at a single facility, a reduction of up to 90% of the original emissions levels of formaldehyde, volatile organic compounds, and carbon monoxide will be realized.

As a result of an EPA inspection, the Red Cedar Gathering Company's La Posta Compressor Station (Red Cedar), operating on the Southern Ute Reservation in Colorado, was found to be in violation of the Clean Air Act (CAA) for its pollutant emissions.  Specifically, the pollution control equipment was inadequate and the facility was not in compliance with the emission limits, monitoring, recordkeeping, and reporting requirements under the CAA. 

To address the issue, Region 8 developed a Compliance Assistance Plan (CAP) that outlined the steps Red Cedar needed to take to meet the emissions standard requirements.  Region 8 has provided facility-specific compliance assistance to help Red Cedar implement these changes; in addition, Red Cedar has installed a catalyst oxidizer, which controls emissions of formaldehyde (a hazardous air pollutant), volatile organic compounds, and carbon monoxide.  With the new control technology in place, this facility will go from producing 51.5 tons of these pollutants per year, to just 6.6 tons per year.  This is an overall reduction of 44.9 tons per year.

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Web-based Compliance Assistance for Federal Facilities

FedCenter helps federal government agencies comply with environmental laws and to be better environmental stewards.  Ninety percent of responders to a 2007 survey said that it improved their knowledge of environmental requirements and over 75 percent said they took one or more actions to improve their environmental practices, such as changing how they handle wastes or emission or obtaining a permit or certificate.(1)

FedCenter responded as new environmental requirements arose.  Congress passed the Energy Policy Act requiring all federal facilities to report whether their underground storage tanks were in compliance.  FedCenter created an electronic reporting method so that federal facilities could easily meet this new requirement, saving them time and money.  FedCenter reorganized much of its information making it easier for federal agencies to meet new environmental and conservation goals set by the President in Executive Order 13423 (PDF) (7pp, 105KB, About PDF) in January 2007.

FedCenter is financially supported by many federal agencies, not just EPA.   In 2007 the National Institutes of Health, the Veterans Health Administration, NASA, the U.S. Postal Service and the Department of the Treasury supported FedCenter financially.   Representatives from many of these, and other, agencies serve on FedCenter’s board guiding its operations and making it more useful to federal agencies.

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Compliance Assistance Tools

This year, nearly 400 compliance assistance tools were developed.  The examples below illustrate the range in type of tools developed.

EPA Region 1 developed a new assistance website in fiscal year 2007 entitled Eliminating Sanitary Sewer Overflows in New England.  This website was to help municipalities and wastewater system operators prevent water quality violations due to discharges of untreated sewage from sewer overflows.  Discharges of untreated sewage from sewer overflows can be a significant cause of water quality violations.  The website features a variety of tools such as guidance materials, checklists, software programs, case studies and management systems.

Two new Environmental Compliance Guides for Schools are available from EPA Region 2, providing information on environmental compliance, best management practices and pollution prevention opportunities for schools.  The manuals, Environmental Compliance and Best Management Practices: Guidance Manual for K-12 Schools and Environmental Health and Safety in the Arts: A Guide for K-12 Schools, Colleges, and Artisans are available in English and Spanish.

Through an EPA grant from Region 4 to the Crop Life Foundation, a series of compliance assistance tools were developed in an effort to increase worker safety and to better train pesticide applicators in North Carolina.  The tools developed include fact sheets, training manuals and videos in both English and Spanish. 

EPA Headquarters launched a web-based Tribal Compliance Assistance Center specifically designed to increase access to information on federal environmental requirements and to improve environmental compliance and management in Indian country.  One of 15 Compliance Assistance Centers providing sector-specific information, the Tribal Center offers comprehensive compliance assistance and pollution prevention information for regulated activities in Indian country by environmental topic, as well as by type of facility.  The Tribal Center also provides links to compliance and enforcement information and enables tribes and tribal members to report environmental violations directly to EPA.  The Center is designed to help tribal environmental professionals find training opportunities and locate specific personnel at EPA to answer their environmental compliance questions.

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(1) Disclaimer:  These measures are not calculated from a representative sample of the regulated entity universe.  The percentages are based, in part, on the number of regulated entities that answered affirmatively to these questions on voluntary surveys.  The percentages do not account for the number of respondents who chose either not to answer these questions or the survey. (return to text)

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Annual Results by Fiscal Year:
FY2007 | FY2006 | FY2005 | FY2004 | FY2003 | FY2002 | FY2001 | FY2000 | FY1999

 

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